Plaintiff claims defense arguments are 'evasive and ambiguous' in suit against debt collector

Christina Stueve Nov. 29, 2011, 9:58am

The plaintiff in a Madison County case has filed a motion to strike defendant's answer to an original complaint that a debt collector broke the law when it repossessed a vehicle.

Luther Calvert of Madison County sued Santander Consumer USA in August, claiming that, among other things, Santander pounded on doors in his apartment building, subsequently disturbing the peace and publicizing his financial difficulties.

Santander denied Calvert's allegations, claiming that a third party - American Recovery Service, Inc. - was responsible for any damages Calvert may have incurred. Santander indicated it filed a third party complaint against the company.

In a Nov. 21 motion, Calvert argues that the defendant's answer to numerous allegations are "evasive and ambiguous," and the pleading fails to contain a plain and concise statement of the defense as required by the Civil Practices Act.

Calvert is seeking a judgment of more than $70,000 and punitive damages of more than $50,000, plus attorney's fees and other relief the court deems just.

Robert E. Ryan of Alton represents Calvert.

David J. Frankel and Kathleen M. Haggerty of Sorman & Frankel in Chicago represent Santander.

Madison County Circuit Case Number: 11- L-797.

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