California company added to man's suit against debt collector

Christina Stueve Mar. 8, 2012, 4:00am

A Madison County man who claims in a lawsuit that a lender violated the law when it repossessed his vehicle after he made a late payment is including a third party in the action.

An affidavit of service was filed Monday, stating Alysa Demetre served a third party summons and complaint to Erin Sarvarian, the agent authorized for service, an HR analyst, at American Recovery Services, in El Dorado Hills, Calif.

Madison County Circuit Judge Ann Callis has set a plaintiff's motion to strike for March 30.

Plaintiff Luther Calvert sued Santander Consumer USA last August, claiming Santander pounded on doors in his apartment building, disturbing the peace and publicizing his financial difficulties.

Santander denied Calvert's allegations, claiming 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.

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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