Chase Bank and others sued over debt already paid; Man seeks $1.5 million in St. Clair County

Andrea Dearden Nov. 23, 2011, 1:00am


A St. Clair County man accuses several banks and collection agencies of improperly attempting to collect a debt.

Roger Benson filed a lawsuit Nov. 16 in St. Clair County Circuit Court against LVNV Funding LLC, Resurgent Capital Services LP and Chase Bank USA. United Collection Bureau Inc., Frederick J. Hanna & Associates PC and Weltman, Weinberg & Reis Company LPA are also named as defendants.

The suit seeks a judgement of more than $1.5 million in compensatory and punitive damages plus court costs.

Benson says he was living in Arkansas in November 2008 when he reached a settlement agreement on a debt with Chase Bank. The payment was made by money order and endorsed by the bank, allegedly satisfying the debt on the account.

In June 2009, Benson says he started receiving several demand letters after moving to Illinois. He says the notices from United Collection Bureau demanded he pay $4,700 on the previously-settled account. In August 2009 Benson claims he wrote the company asking for validation of the debt, which he says he never received.

In October 2009, Benson says Frederick J. Hanna & Associates sent him a demand letter for the same amount on the same account. Again, Benson claims he asked for validation and verification of the amount owed, which he allegedly never received. Two years later Weltman, Weinberg & Reis allegedly sent Benson a demand letter for the same Chase Bank debt which was now held by LVNV Funding.

Benson claims the defendants violated the federal Fair Debt Collection Practices Act and Illinois' Collection Agency Act by not providing validation of the debt, repeatedly demanding payment on an account that had been settled and transferring collection activities to new debt agencies. He also accuses the companies of consumer fraud.

Attorney David M. Duree of O'Fallon is representing Benson. They ask for a jury trial.

St. Clair County Circuit Court Case No. 11-L-643

More News