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Agency Sued for Allegedly Violating FDCPA By Filing Suit in Improper Venue 15 Years Ago

A lawsuit has been filed against a collection agency for allegedly violating the Fair Debt Collection Practices Act by filing its own lawsuit 15 years ago in the wrong venue against an individual attempting to collect on an unpaid medical debt.

A copy of the complaint in Tolliver v. Med Shield, Inc., can be accessed by clicking here.

The plaintiff incurred a medical debt of $1,385.59 back in 2002, when she was only 17 years old. Under an Indiana law that holds minors liable for debts once they turn 18, the plaintiff was sued in 2004 in Decatur Township, Indiana. The plaintiff claims in her complaint that she never resided in Decatur Township, and never received service of the complaint or summons.

Last year, a garnishment was initiated, requiring 10% of the plaintiff’s wages to be used to make payments on the unpaid debt.

But now, the individual has filed her own suit against the collection agency, saying the original lawsuit that was filed in Decatur Township violated the FDCPA because the suit was not filed in the proper venue. Not filing in the proper venue constitutes a violation of Sections 1692(i) and 1692(f) of the FDCPA, the plaintiff alleges in her complaint. Along with allegedly violating the FDCPA, the defendant is also accused of violating the Indiana Deceptive Consumer Sales Act.

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