ST. LOUIS — A St. Louis County man is suing a debt collector, its lawyer and an apartment complex, citing alleged violations of the Fair Debt Collection Practices Act (FDCPA), the Missouri Merchandising Practices Act (MMPA) and wrongful garnishment.
Jonathon Smith filed a complaint on Feb. 10 in the U.S. District Court for the Eastern District of Missouri against United Credit and Collection Inc., Richard P. Dorsey and Vorhof-Duenke Property III LLC, d/b/a Canyon Creek Apartments, alleging that they violated FDCPA through abusive, deceptive and unfair debt collection practices.
According to the complaint, Smith alleges that he suffered damages when Canyon Creek Apartments withheld his security deposits, failed to credit his voluntary payments and unfairly collected accrued interest and other fees from his original debt, against consent judgment. The complex assigned the debt to United Credit and Collection, which allegedly failed to fulfill each of the statutory prerequisites for a valid assignment of judgment and failed to adjust Smith's credit report to reflect payment of debt, which caused him to be denied for a home loan and suffer from anxiety, frustration and worry.
Smith holds United Credit and Collection, Dorsey and Vorhof-Duenke Property III, d/b/a Canyon Creek Apartments, responsible because the defendants allegedly attempted to collect illicit post-judgment interests, collection, termination and legal fees from him that the court did not award via the consent judgment, failed to update his credit report and failed to state the accurate amount of his alleged debt.
Smith requests a trial by jury and seeks judgment against the defendants, declaratory relief, statutory damages, costs, interest, attorneys' fees and further relief as the court deems just. He is represented by Bryan E. Brody and Alexander J. Cornwell of Brody & Cornwell in St. Louis.
U.S. District Court for the Eastern District of Missouri Case number 17-cv-00587