MIAMI – Two Cantonment residents allege a collection agency falsely reported a debt.
Steven Hess and Nancy McLane filed a complaint on Sept. 15 in the U.S. District Court for the Southern District of Florida against
Simm Associates Inc. and Caliber Home Loans Inc. citing the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act.
According to the complaint, the plaintiffs allege that on July 31, 2006, they incurred a mortgage with lender Beneficial Ohio Inc., which was later on transferred to Caliber on Aug. 4, 2014. The suit states that Caliber and plaintiffs entered into a consent judgment wherein any deficiency of the amount owed was waived, but Caliber through Simm mailed misleading debt collection letters and reported the alleged debt to credit agencies.
The plaintiffs hold Simm Associates Inc. and Caliber Home Loans Inc. responsible because the defendants allegedly reported a false debt and have caused them harm.
The plaintiffs request a trial by jury and seek judgment against defendant, award damages, costs of litigation, attorney's fees and other equitable relief as may be just. They are represented by Jessica Kerr of J & M Advocacy Group LLC in Hollywood.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-62205