Free Complaint - District Court of Delaware - Delaware

Case 1 :05-cv—OO580-GIVIS Document 2 Filed 08/O9/2005 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
LISA DAVIS, )
)
Plaintiff, ) Civil Action No.
)
v. )
)
MCCULLOUGH & MCKENTY, P.A., )
and Daniel L. McKenty, )
)
Defendants. )
)
COMPLAINT
I. INTRODUCTION
1. This is an action for damages brought by an individual consumer for Defendants’
violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. (hereinafter
I "FDCPA") which prohibits debt collectors from engaging in abusive, deceptive, and unfair
practices.
II. PARTIES
2. Plaintiff, Lisa Davis, is a natural person residing in Millsboro, Sussex County
Delaware.
3. Defendants, McCullough & McKenty and Daniel L. McKenty, are engaged in the
business of collecting debts in this state with their principal place of business located at 824
Market Street, Fourth Floor, Wilmington, Delaware 19801. A significant part of Defendants’
business is the collection of debts using the mail and telephone, and Defendants regularly attempt
to collect debts alleged to be due another.
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Case 1 :05-cv—OO580-GIVIS Document 2 Filed 08/O9/2005 Page 2 of 3
III. FACTUAL ALLEGATIONS
4. Defendants sent Plaintiff various letters for the purpose of collecting a debt
allegedly owed by Plaintiff.
5. The debt sought to be collected is a consumer debt as defined by 15 U.S.C.
§ 1 692a.
6. In August of 2004, Defendants filed a debt action against Plaintiff on behalf of
Capital One Bank in the Court of Common Pleas for New Castle County. A copy of the Praecipe
and Complaint is attached hereto and incorporated herein as Exhibit "A".
7 The address listed in the complaint for Plaintiff is in Bridgeville, Delaware.
8. At all times relevant hereto, Plaintiff resided in Sussex County.
9. Defendants violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
Defendants’ violations include, but are not limited to the following:
a. Violation of 15 U.S.C. Section 1692i in that the Defendants filed a collection suit
against Plaintiff in a county other than the one in which she resides.
_ b. Violation of 15 U.S.C. Section 1692e(l0) in that the Defendants used false,
deceptive, or misleading means in connection with the collection of the alleged
debt.
IV. CLAIM FOR RELIEF
10. As a result of the above violations of the FDCPA, Defendants are liable to
Plaintiff in the sum of Plaintiffs actual damages, statutory damages, and costs.
11. Defendants’ acts as described above were done intentionally with the purpose of
coercing`Plaintiff to pay the alleged debt.
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Case 1:05-cv—OO580-G|\/IS Document 2 Filed 08/O9/2005 Page 3 of 3
WHEREFORE, Plaintiff respectfully prays that judgment be entered against Defendants
for:
(a) actual damages;
(b) statutory damages pursuant to 15 U.S.C. § 1692k;
(c) Costs;
(d) Such other relief as may be just and proper.
LEGAL SERVICES CORPORATION OF
DELA ARE, IN .
BY: 4 z
Sxisan E. Floo
100 West 10 Street, Suite 203 _
Wilmington, Delaware 19801
302-575-0408 ext. 105 - telephone
302-575-0478 - fax
Attorney for Plaintiff
Dated: {
F:\!StaffFolders\Susan\DOCS\ComplFDCPALisaDa\ris.v/pd - 3 "