EAST ST. LOUIS — A Shiloh couple was allegedly harassed by unlawful debt collection efforts despite their bankruptcy filing and discharge.
David Lee Bowder and Brenda Kay Bowder filed a complaint April 26 in the U.S. District Court for the Southern District of Illinois against PHH Mortgage Services alleging violation of the Fair Debt Collection Practices Act and Illinois Consumer Fraud and Deceptive Business Practices Act.
According to the complaint, the Bowders filed for joint Chapter 7 bankruptcy on May 29, 2009, which was converted to Chapter 13 bankruptcy on Nov. 18, 2009. They allege that PHH attempted to collect on their debt associated with their property on Katy Drive in Shiloh while having "actual knowledge" of their bankruptcy filing and discharge by sending them a payment demand for $50,335.74 on Aug. 20, 2020 and on Sept. 21, 2020. The plaintiffs further allege that on Nov. 17, 2020, Feb. 1, 2021 and March 2, 20201, PHH sent additional payment demand letters.
The plaintiffs claim PHH has "no system in place" to identify bankruptcy cease collections to prevent unlawful debt collection which caused them to be harassed and violated their rights.
The Bowders seek monetary relief, trial by jury and all other just relief. They are represented by Ronald Buch and Kimberly Litherland of The Law Office of Ronald A. Buch LLC in Belleville.
U.S. District Court for the Southern District of Illinois case number 21-CV-413