ORLANDO – A consumer is suing a collection agency alleging unfair collection practices.
Harold E. Smith filed a complaint on March 24 in the U.S. District Court for the Middle District of Florida, Orlando Division against Zwicker & Associates PC alleging that the collection agency violated the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff defaulted on a debt on a Discover Card in August 2013, and the defendant filed a suit in May 2014 in an attempt to collect the debt. The suit states that the defendant filed a motion to dismiss in November 2014 and an order was issued that gave Zwicker 30 days to amend the breach of contract claim and 10 days to file a cost bond. Zwicker allegedly failed to file the cost bond, and the court ordered that the case was to be dismissed with no further documents filed.
The plaintiff alleges that the defendant continues to serve documents to him despite the fact that the case has been closed.
The plaintiff requests a trial by jury and seeks compensation for all damages, including but not limited to statutory damages in the amount of $1,000, reasonable attorney's fees and costs and any further relief that the court may deem just and proper. He is represented by Michael G. Howard of Law Office of Michael G. Howard PA in Melbourne Beach.
U.S. District Court for the Middle District of Florida, Orlando Division Case number 6:16-cv-00517