Sample FDCPA Lawsuit
Unfair Debt Collection Practices
Shown below is a sample lawsuit filed under the Federal Fair Debt Collection Practices Act (FDCPA). This Unfair Debt Collection Practices complaint is provided for informational purposes, and is not intended as a substitute for legal advice or for representation by a qualified Lawyer.
COMMON CAUSES TO ALL CAUSES OF ACTION
1. DEBTOR NAME HERE was at all times an individual who maintains a principle place of residence within the County and Judicial District of this Court.
2. Cross-Defendant ASSET ACCEPTANCE, LLC is at all times stated herein, was a limited liability company, organized under the laws of the State of Delaware and qualified to do business in NAME OF STATE HERE.
3. Cross-Complainant is a consumer within the meaning of the Consumer Legal Remedies Act.
4. Cross-Complainant is informed and believes and therefore alleges that Cross-Defendant ASSET ACCEPTANCE, LLC regularly uses the United States mail in the regular collection of debts owed to another and attempts to collect debts and is a debt collector as defined by the Federal Debt Collection Practices (FDCPA).
Venue for the within action is properly within the jurisdiction of this Court upon the ground, inter alia, that one or more of the Defendants resided within this Judicial District of the County of NAME OF COUNTY AND STATE HERE.
5. Cross-complainant seeks damages for cross-defendants unlawful practices and for an accounting to resolve the rights and responsibilities under the facts as stated in the cross-defendant’s Complaint for damages under complaint number .
6. Cross-Complainant is informed and believes and therefore alleges that:
A. Plaintiff/Cross Defendant does not have a contract with Alleged Defendant/Cross-Complainant.
B. That collection of any alleged debt after having been written off or charged off would be a case of unjust enrichment, and/or fraud on the consumer and/or fraud on the court.
C. That the alleged credit card issued to Alleged Defendant/Cross Complainant remains the property of the original card issuer.
D. that ANY/ALL documents filed by ASSET ACCEPTANCE, LLC on the records in this instant case and authenticated by ANNA K. MERRILL SBN 236358 FULTON,FRIEDMAN & GULLACE,LLP attorneys for ASSET ACCEPTANCE, LLC are inadmissible, that these records cannot pass the hearsay exception test, therefore, are not business records.
E. That ASSET ACCEPTANCE, LLC is not the real party in interest in this proceeding and has no remaining equity in the original Application or Agreement due to insurance settlements or charge-offs.
F. That it is the practice of ORIGINAL CREDITOR to charge-off and sell evidence of indebtedness (after collecting insurance), thus the worthless commercial paper illustrating the duty between the assignor and assignee becomes legally uncollectible.
G. That Plaintiff/Cross-Defendant arbitrarily selected alleged defendant/Cross-Complainant to be responsible for this alleged debt despite not having a legal right to do so.
H. That Plaintiff has violated Defendants Fair Debt Credit Protection Act (FDCPA) rights with respect to this alleged debt.
I. That ORIGINAL CREDITOR NAME HERE does not have a contract with Alleged Defendant/Cross-Complainant.
7. That Alleged Defendant/Cross-Complainant has always objected to any amount due and is unaware of any demands that the alleged debt was to be paid in full. That Alleged Defendant/Cross-Complainant specifically denies the unverified Breach of Contract, and Common Count claims, and ALLEGED DEFENDANT denies that the amount claimed by Asset Acceptance, LLC is fixed and agreed to by Alleged Defendant/Cross-Defendant. And Alleged Defendant/Cross-Complainant demands strict proof and an accounting.