EAST ST. LOUIS — A Fairview Heights couple is suing Nationstar Mortgage LLC, a debt collector, citing alleged unlawful post-discharge communications.
Edward R. Zelechowski and Deborah A. Zelechowski filed a complaint on March 27 in the U.S. District Court for the Southern District of Illinois against Nationstar alleging that the collection agency violated the Fair Debt Collection Practices Act and the Bankruptcy Discharge Injunction for attempting to collect a debt related to plaintiffs' mortgage.
According to the complaint, the plaintiffs allege that, on July 21, 2016, they began receiving dunning letters from defendant attempting to collect an alleged debt. As a result, plaintiffs have been damaged for loss of time and costs for consulting an attorney. They claim they were unduly inconvenienced and harassed. The plaintiffs hold the defendant responsible because even though it was aware of plaintiffs’ bankruptcy discharge, defendant allegedly attempted to collect debt by sending several payment demand letters directly to the plaintiffs' home.
The plaintiffs request a trial by jury and seek an order for the deletion of their adverse credit report, award for statutory damages, attorney fees and costs and any other appropriate relief. They are represented by Ronald A. Buch, Kimberly D. Wirth and William A. Mueller of Law Offices of William A. Mueller LLC in Belleville.
U.S. District Court for the Southern District of Illinois case number 3:17-cv-00318