FORT MYERS — A consumer is suing Zakheim Law Group PA f/k/a Zakheim & LaVrar PA, Flynn LaVrar and Capital One Bank (USA) NA, a law firm and debt collector, citing alleged violation of Fair Debt Collection Practices Act.

Sara A. Fitzpatrick filed a complaint on Oct. 17, in the Lee County Circuit Court against the defendants alleging that they breached their duty of good faith and fair dealing.

According to the complaint, the plaintiff alleges that she incurred debt from defendant Capital One. On June 12, 2012 after a default on the debt, defendants Zakheim and LaVrar, a law firm that engages in debt collection, filed a lawsuit on behalf of its client Capital One against the plaintiff. Subsequently, a settlement agreement was reached where plaintiff would pay $25 per month until the debt becomes fully paid. However, the defendants falsely accused plaintiff of delinquency despite her being current on all payments due, thereby causing plaintiff to suffer damages as a result.

The plaintiff holds Zakheim Law Group PA f/k/a Zakheim & LaVrar PA, Flynn LaVrar and Capital One Bank (USA) NA responsible because the defendants allegedly pursued a Writ of Garnishment meant to harass or abuse plaintiff and falsely accused the plaintiff of being delinquent on her monthly payment dues.

The plaintiff requests a trial by jury and seeks judgment against defendants, damages, to enjoin from further abusive practices and vacate judgment wrongfully entered, costs of litigation, attorney's fees and other relief as the court deems just. She is represented by David W. Fineman of The Dellutri Law Group PA in Fort Myers.

Lee County Circuit Court Case number 2:16-cv-00771

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20th Judicial Circuit of Florida - Lee County
1700 Monroe Street
Fort Myers, FL - 33901

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