JACKSONVILLE – A Flagler County consumer alleges a debt collector attempted to collect a debt he had previously settled with another collector.
Braian Adler filed a complaint on Dec. 20 in the U.S. District Court for the Middle District of Florida, Jacksonville Division against Resurgent Capital Services LP and LVNV Funding LLC, citing the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that he owed a debt to General Electric Capital Corp. in the amount of $875.48, who sold the debt to LVNV, who then hired RCS to collect the debt from plaintiff. The suit states RCS offered plaintiff to settle the debt in full for a lump-sum payment of $262.64, to which plaintiff accepted and settled amount on Feb. 2, 2016. However, on Feb. 12, 2016, the plaintiff alleges he received another collection letter from Global Credit & Collection Corp. on behalf of LVNV attempting to collect the very same debt that was previously settled by the plaintiff.
The plaintiff holds Resurgent Capital Services LP and LVNV Funding LLC responsible because the defendants allegedly transferred a previously settled debt to another debt collector despite offer, acceptance and payment of settlement, and threatened to enforce an illegitimate debt.
The plaintiff requests a trial by jury and seeks judgment in favor of plaintiff, damages, attorney's fees, litigation expenses, costs of suit and further relief as the court deems proper. He is represented by Thomas B. Rogers of Wites & Kapetan PA in Lighthouse Point.
U.S. District Court for the Middle District of Florida, Jacksonville Division Case number 3:16-cv-01559