SUPERIOR COURT OF NEW JERSEY
LAW DIVISION- MIDDLESEX COUNTY
SPECIAL CIVIL PART
Samuel Richardson Jr., SUPERIOR COURT OF NEW JERSEY
LAW DIVISION- MIDDLESEX COUNTY
Plaintiff, SPECIAL CIVIL PART
Civil Action
vs.
Docket No._________________
Midland Credit Management, Inc.:
and DOES 1-10, inclusive,
Defendants Trial By Jury Demanded On All Counts
COMPLAINT
Plaintiff, Samuel Richardson Jr., says by way of Complaint against Defendant,
Midland Credit Management, Inc. as follows:
JURISDICTION
1. This action arises out of Defendant’s repeated violations of the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692, et seq. (“FDCPA”) and 15 U.S.C.§ 1681 (“FCRA”)
2. This Court has supplemental jurisdiction over all other claims in this action, as all
such claims arise out of the same case or controversy as Defendant’s violations of the FDCPA
pursuant to 28 U.S.C. § 1367.
3. Venue is proper in the SUPERIOR COURT OF NEW JERSEY, LAW DIVISION - MIDDLESEX
COUNTY SPECIAL CIVIL PART pursuant
to 28 U.S.C. § 1391(b), as Defendant transacts business in the State of New Jersey.
PARTIES
4. Plaintiff, Samuel Richardson Jr. (“Plaintiff”), is an adult individual residing in
Woodbrige, New Jersey, and is a “consumer” as the term is defined by 15 U.S.C. § 1692a(3).
5. Defendant Midland Credit Management, Inc. ... aka... Midland Credit Management or (“MCM”),
is a San Diego business entity with an address of 350 Camino De La Reina, Suite 100, San Diego, CA
92108, 320 E Big Beaver Road, Suite 300, Troy, MI 48083 and PO Box 301030, Los Angeles, CA
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90030-1030 ,operating as a collection agency, and is a “debt collector” as the term is defined by 15
U.S.C. § 1692a(6).
6. Does 1-10 (the “Collectors”) are individual collectors employed by (“MCM”) and
whose identities are currently unknown to Plaintiff. One or more of the Collectors may be joined
as parties once their identities are disclosed through discovery.
7. MCM at all times acted by and through one or more of the Collectors and even indirect letter means,
stated that they acting as an Debt Adjuster on behalf SYNCHRONY BANK (MEINEKE & MAACO)
and between the Plaintiff, Samuel Richardson Jr.. See attached exhibits (A), (B), and (C).
ALLEGATIONS APPLICABLE TO ALL COUNTS:
A. The Debt
8. Plaintiff allegedly incurred a financial obligation (the “Debt”) to an original
creditor (the“Creditor”) , SYNCHRONY BANK (MEINEKE & MAACO) .
9. The Debt arose from services provided by the Creditor which were primarily for
family, personal or household purposes and which meets the definition of a “debt” under 15
U.S.C. § 1692a(5).
10. The Debt was purchased, assigned or transferred to “MCM” for collection, or “MCM”
was employed by the Creditor to collect the Debt through unlicensed debt collection practices, actions
or means.
11. Defendants attempted to collect the Debt and, as such, engaged in
“communications” as defined in 15 U.S.C. § 1692a(2).
B. MCM Engages in Harassment and Abusive Tactics
12. Within the last year, “MCM” contacted Plaintiff in an attempt to collect the Debt, by indirect letter
means.
13. On May, 09th , 2019, Plaintiff mailed “MCM” a letter demanding that it cease all collection and
contact actions with him in its attempt to collect the Debt and requested full valid signed contractual
proof of the debt with SYNCHRONY BANK (MEINEKE & MAACO). See attached exhibits (C-1)
14. The letters from Plaintiff to “MCM” was received by “MCM” on
May 12, 2019, 4:49 am. in Los Angeles, CA. See attached exhibits (D).
15. Despite having received Plaintiff’s cease and desist demands, “MCM” continued indirect letter
actions and even called the Plaintiff on June 16, 2019, 11:36am to collect upon a unverifiable debt, that
was purchased from SYNCHRONY BANK (MEINEKE & MAACO), and stated within the very same
call, that they purchased the debt from SYNCHRONY BANK (MEINEKE & MAACO).
See attached exhibits (C-1) , (D), and (E)
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“COUNT (I)”
VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. § 1692, et seq.
16. Plaintiff incorporates by reference all of the above paragraphs of this Complaint
as though fully stated herein.
17. Defendants’ conduct violated 15 U.S.C. § 1692c(c) in that Defendants continued with indirect letter
actions against the Plaintiff after having received written notification from Plaintiff to cease
communication activities.
18. Defendants’ conduct violated 15 U.S.C. § 1692d in that Defendants engaged in
behavior the natural consequence of which was to harass, oppress, or abuse Plaintiff in
connection with the collection of a debt, by using indirect letter means to collect upon an unverifiable
debt, written off by SYNCHRONY BANK (MEINEKE & MAACO) .
19. Defendants’ conduct violated 15 U.S.C. § 1692f in that Defendants used unfair
and unconscionable means to legal collect a debt that was charged off by SYNCHRONY BANK
(MEINEKE & MAACO) and could not be full validated by SYNCHRONY BANK (MEINEKE &
MAACO)....aka, (Creditor).
20. Defendants’ conduct violated 15 U.S.C.§ 1692e, § 1692e(10) by false representation or
implication that any individual is a licensed as a debt adjuster who can work on behalf of
SYNCHRONY BANK (MEINEKE & MAACO) or that any communication within Defendant's
letters dated, May 3, 2019, June 28, 2019, August 22, 2019 is from “MCM” stating that they
represent SYNCHRONY BANK (MEINEKE & MAACO) in the matter and can settle this
debt for less then what was charged off by SYNCHRONY BANK (MEINEKE & MAACO). See
attached exhibits (A), (B), and (C).
21. Defendants’ conduct violated the New Jersey Debt Adjustment and Credit Counseling Act,
N.J.S.A. 17:16G-1 et. seq. (the Act) , because the Defendant, MCM is not license to (a) acts or
offers to act for consideration as an intermediary between a debtor and his creditors for the
purpose of settling, compounding, or otherwise altering the terms of payment of any debts of
the debtor, or (b) who, to that end, receives money or other property from the debtor, or on
behalf of the debtor, for payment to, or distribution among, the creditors of the debtor.
See attached exhibits (F)
22. Defendants’ conduct violated FDCPA -U.C.C. - ARTICLE 3 - NEGOTIABLE
INSTRUMENTS..PART 5. DISHONOR § 3-501. PRESENTMENT(a)(b)(2) after reciving Plaintiff's
letter dated May, 09th , 2019, Defendant's has not presented an signed contractual agreement that
bears the Plaintiff's signature upon it, , with SYNCHRONY BANK (MEINEKE & MAACO) or the
Defendant's, MCM. See attached exhibits (D).
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23.Defendants’ conduct violated 15 U.S.C.§ 1692(f) (1) “The collection of any amount (including any
interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly
authorized by the agreement creating the debt or permitted by law, because Defendant's has not
presented an signed contractual agreement that bears the Plaintiff's signature upon it, with
SYNCHRONY BANK (MEINEKE & MAACO) or the Defendant's, MCM.
“COUNT (II)”
VIOLATIONS OF THE NEW JERSEY'S PROFESSIONAL SERVICES CORPORATION ACT
(“PSCA”), N.J.S.A. 14A:17-1 et seq.
24. Plaintiff incorporates by reference all of the above paragraphs of this Complaint
as though fully stated herein.
25. Defendants’ conduct violated the New Jersey's Professional Services Corporation Act
("PSCA"), N.J.S.A. 14A:17-1 et seq.,Legislative intent which states the following, “ It is the
legislative intent to provide for the incorporation of an individual or group of individuals
to render the same professional service to the public for which such individuals are
required by law to be licensed or to obtain other legal authorization”. Because the New
Jersey Debt Adjustment and Credit Counseling Act, N.J.S.A. 17:16G-1 et. seq. (the Act)
requires the Defendant, MCM to be license to (a) acts or offers to act for consideration as an
intermediary between a debtor and his creditors for the purpose of settling, compounding, or
otherwise altering the terms of payment of any debts of the debtor, or (b) who, to that end,
receives money or other property from the debtor, or on behalf of the debtor, for payment to, or
distribution among, the creditors of the debtor as an Debt Adjuster. When the Defendant's sent
their letters dated, May 3, 2019, June 28, 2019, August 22, 2019 it was an attempt to (a) acts or
offers to act for consideration as an intermediary between a debtor and his creditors for the
purpose of settling, compounding, or otherwise altering the terms of payment of any debts of
the debtor, and (b) who, to that end, attempted to receives money or other property from the
debtor, or on behalf of the debtor, for payment to, or distribution among, the creditors of the
debtor/Plaintiff. See attached exhibits(A), (B), (C), and (F)
26. Defendants’ conduct violated the New Jersey's Professional Services Corporation Act ("PSCA"),
N.J.S.A. 14A:17-9 et seq.,Limitations on corporate business activity which states the following, “ No
professional corporation shall engage in any business other than the rendering of the professional
services for which it was specifically incorporated; and no foreign professional legal corporation
shall engage in any business in this State other than the rendering of legal services of the type
provided by attorneys-at-law; provided, that nothing in this act or in any other provisions of
existing law applicable to corporations shall be interpreted to prohibit such corporation from
investing its funds in real estate, mortgages, stocks, bonds or any other type of investments, or
from owning real or personal property necessary for, or appropriate or desirable in, the
fulfillment or rendering of its professional services. Because the New Jersey Debt Adjustment and
Credit Counseling Act, N.J.S.A. 17:16G-1 et. seq. (the Act) requires the Defendant, MCM to be
license to (a) acts or offers to act for consideration as an intermediary between a debtor and his
creditors for the purpose of settling, compounding, or otherwise altering the terms of payment of any
debts of the debtor, or (b) who, to that end, receives money or other property from the debtor, or on
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behalf of the debtor, for payment to, or distribution among, the creditors of the debtor as an Debt
Adjuster when the Defendant's sent their letters dated, May 3, 2019, June 28, 2019, August 22, 2019
which is an attempt to (a) acts or offers to act for consideration as an intermediary between a debtor
and his creditors for the purpose of settling, compounding, or otherwise altering the terms of payment
of any debts of the debtor, and (b) who, to that end, attempted to receives money or other property
from the debtor, or on behalf of the debtor, for payment to, or distribution among, the creditors of the
debtor/ Plaintiff. See attached exhibits(A), (B), (C). and (F)
27. The foregoing acts and omissions of the Defendants constitute numerous and
multiple violations of the FDCPA including every one of the above-cited provisions.
28. Plaintiff is entitled to damages as a result of Defendants’ violations of FDCPA, the New Jersey's
Professional Services Corporation Act ("PSCA"), N.J.S.A. 14A:17-1 et seq., the New Jersey's
Professional Services Corporation Act ("PSCA"), N.J.S.A. 14A:17-9 et seq., and the New Jersey Debt
Adjustment and Credit Counseling Act, N.J.S.A. 17:16G-1 et. seq. (the Act) under penalties for
violating the Act are set forth in N.J.S.A. 17:16G-8. Furthermore, criminal sanctions are set forth an
N.J.S.A. 2C:21-19(f).
PRAYER FOR RELIEF
WHEREFORE, the Plaintiff prays that judgment be entered against the Defendants:
1. Statutory damages of $1,500.00 pursuant to 15 U.S.C. §1692k(a)(2)(A);
2. Costs of litigation and reasonable attorney’s fees pursuant to 15 U.S.C.
§ 1692k(a)(3);
3. Liquidated damages;
4. Punitive damages; and
5. Such other and further relief that the Court may deem just and proper.
TRIAL BY JURY DEMANDED ON ALL COUNTS
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Dated: November ______, 2019
Respectfully submitted,
_____________________________
By: Samuel Richardson Jr.
On this ____ day of ___________ 2019, before me the Notary below appeared before Samuel Richardson Jr.; to
me known to be the living man described in and who executed the foregoing instrument and
acknowledged before me that he executed the same as his Freewill act and deed.
Notary Signature :______________________________________Date: __________,Notary Seal ______________
Commission Expires : ________________________________
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