MIAMI – A Broward County woman alleges a collection agency unlawfully filed a lawsuit against her in Miami-Dade County.
Brenda McAllister filed a complaint on Feb. 17 in the U.S. District Court for the Southern District of Florida against Superior Capital LLC alleging that the debt collector violated the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on Jan. 6, she received a state court action for an alleged automobile deficiency of $4,164.42 plus court costs in a county in which plaintiff neither resided in nor signed an agreement to settle her debt. As a result, the plaintiff alleges she incurred legal fees defending the action. The plaintiff holds Superior Capital LLC responsible because the defendant allegedly filed the action in an inconvenient and impermissible county as a ploy to coerce her into satisfying a disputed debt.
The plaintiff requests a trial by jury and seeks declaratory judgment, actual damages including attorney's fees, costs and such other further relief as the court deems just and proper. She is represented by Joel D. Lucoff of Debt Rescue Clinic in Miami.
U.S. District Court for the Southern District of Florida Case number 1:17-cv-20628