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UNITED STATES DISTRICT COURT

DISTRICT OF MICHIGAN

SOUTHERN DIVISION

Case No.: 

Sharlene Cobb Judge: 

aka Sharlene Wilson

aka Sharlene Williams,

Plaintiff,

vs.

Convergent Healthcare Recoveries, Inc.

Defendant(s).

___________ _______ ______ _/

COMPLAINT AND JURY DEMAND

NOW COMES THE PLAINTIFF, Sharlene Cobb, by and through her attorneys James C. 

Warr & Associates, PLC, and for her Complaint states as follows:

1. Jurisdiction of this Court arises under 28 U.S.C. § 1331 and pursuant to 15 U.S.C. § 1692k(d).

2. This action arises out of Defendant’s violations of the Fair Debt Collection Practices Act, 15 

U.S.C. § 1692 et seq. (“FDCPA”).

3. Venue is proper in this District because the acts and transactions occurred here, Plaintiff resides

here, and Defendant transacts business here.

PARTIES

4. Plaintiff Sharlene Cobb is a natural person who resides in Wayne County, Michigan, and is a 

“consumer” as that term is defined by 15 U.S.C. § 1692a(3).

5. Defendant Convergent Healthcare Recoveries, Inc. is a collection agency operating from an 

address of 121 NE Jefferson Street, Suite 100, Peoria, IL 61602, and is a “debt collector” as that 

term is defined by 15 U.S.C. § 1692a(6).

FACTUAL ALLEGATIONS

6. On or around November 26, 2002, Plaintiff incurred a financial obligation that was primarily 

for personal, family or household purposes and is therefore a “debt” as that term is defined by 

15 U.S.C. § 1692a(5), namely, a debt with ER One-Professional in the amount of $154.00.

2:14-cv-14909-PDB-DRG Doc # 1 Filed 12/29/14 Pg 1 of 7 Pg ID 1
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7. Sometime thereafter, the alleged debt was consigned, placed or otherwise transferred to the 

Defendant for collection from Plaintiff.

8. On February 16, 2002, the Plaintiff filed a Chapter 7 bankruptcy petition in the U.S. 

Bankruptcy Court for the Eastern District of Michigan in Detroit (In re Sharlene Williams, 

Chapter 7 Case No. 06-41752-swr, (Bankr. E.D. Mich. 2006)).

9. The Plaintiff received a discharge on May 24, 2006 (see attached Exhibit A).

10. On or about November 20, 2014, the Defendant sent a collection letter to Plaintiff. (See 

attached Exhibit B).

11. The debt that was the subject of the November 20, 2014, collection letter was discharged in 

the Plaintiff’s bankruptcy case.

COUNT I

VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT

12. The Plaintiffs incorporate Paragraphs 1 through 11 by reference.

13. The Fair Debt Collections Practices Act (FDCPA), specifically 15 U.S.C. 1692e(2)(A), 

prohibits debt collectors from making false representations of the character, amount or legal 

status of a debt.

14. The debt that was the subject of the November 20, 2014, letter was discharged in the 

Plaintiff’s bankruptcy.

15. The November 20, 2014, letter thus violates multiple provisions of the Fair Debt Collection 

Practices Act, specifically 15 U.S.C. 1692e(2)(A), because it was an attempt to collect a 

discharged debt. See Ross v. RJM Acquisition Funding L.L.C., 480 F.3d 493 (7th Cir. 2007).

16. The debt the Defendant is attempting to collect cannot be enforced because of the statue of 

limitations. (See MCL 600.5807(8)).

17. The November 20, 2014, letter thus violates multiple provisions of the Fair Debt Collection 

Practices Act, specifically 15 U.S.C. 1693e(2)(A), because it misrepresents the legal status of 

the debt as being one that is still enforceable against the Plaintiff.

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18. As a result of the Defendant’s violations of the FDCPA, the Plaintiff is entitled to statutory 

damages in an amount up to $1,000.00 pursuant to 15 U.S.C. 1692k(a)(2)(A) and reasonable 

attorney fees and costs pursuant to 15 U.S.C. 1692k(a)(3).

19. The Defendant’s actions in this regard also constitute negligence.

DEMAND FOR JURY TRIAL

20. The Plaintiff demands a trial by jury for this action.

WHEREFORE, the Plaintiffs pray that this Honorable Court enter judgment against the 

Defendants as follows:

a. Statutory damages of $1,000.00 pursuant to the Fair Debt Collection Practices Act;

b. an award for costs and reasonable attorney fees pursuant to 15 U.S.C. §1692k(a)(3); 

and

c. such other relief as might be just and proper.

Respectfully submitted,

/s/ James C. Warr 

JAMES C. WARR (P47001)

James C. Warr & Associates, PLC

Attorney for Debtor(s)

24500 Northwestern Hwy., Suite 205

Southfield, MI 48075

(248) 357-5860 

attywarr@sbcglobal.net

Dated: 12/29/2014

2:14-cv-14909-PDB-DRG Doc # 1 Filed 12/29/14 Pg 3 of 7 Pg ID 3
LINITED STATES DISTzuCT COURT

DISTRICT OF MICHIGAN

SOUTHERN DIVISION

Case No.:

Sharlene Cobb

aka Sharlene Wilson

aka Sharlene Williams.

Judge:

Plaintiff.

vs"

Convergent Healthcare Recoveries, Inc.

Defendant(s).

VERIFICATION OF COMPLAINT AND CERTIFICATION

Plaintiff Sharlene Cobb, having first been duly sworn and upon oath, deposes and says as

follows:

1. X am the Plaintiffin this civil proceeding.

2. I have read the above-entitled civil Complaint prepared by my attorneys and I believe that all of the

facts contained in it are true, to the best of our knowledge, information and belief formed after

reasonable inquiry.

3. I believe that this civil Complaint is well grounded in fact and warranted by existing law or by a

good faith argument for the extension, modification, or reversal of existing law.

4. I believe that this civil Complaint is not interposed for any improper purpose, such as to harass any

Defendant(s), cause unnecessary delay to any Defendant(s), or create a needless increase in the cost

of litigation to any Defendant(s), named in the Complaint.

5. I have filed this civil Complaint in good faith and solely for the purposes set forth in it. 6. Each and every exhibit I have provided to my attorneys which has been attached to this Complaint is

a true and correct copy of the original.

7. Except for clearly indicated redactions made by my attomeys where appropriate, I have not altered,

changed, modified, or fabricated these exhibits, except that some of the attached exhibits may

contain some of myqwn handwritten notations. An ^ ( l/ n

$ier\h*o L/bWb

sharrene t?tb aq-j4

Dated:

Notary Public, fifAconnB County, Michigan,

Acting in the County of DA\CJg,ob

My Commission Expires@

Subscri

duy of \qCcrr.tr.r, Z0l 4

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2:14-cv-14909-PDB-DRG Doc # 1 Filed 12/29/14 Pg 4 of 7 Pg ID 4
Form B18 (Official Form 18)(10/05)

United States Bankruptcy Court

 Eastern District of Michigan

Case No. 06−41752−swr

Chapter 7

In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address):

Sharlene Williams

aka Sharlene Wilson, aka Sharlene

Wilson−Williams

210 Henry Street

Apt. 103

Belleville, MI 48111

Social Security No.:

xxx−xx−9909

Employer's Tax I.D. No.:

DISCHARGE OF DEBTOR

It appearing that the debtor is entitled to a discharge,

IT IS ORDERED:

The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code).

BY THE COURT

Dated: 5/24/06 Steven W. Rhodes

United States Bankruptcy Judge

SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.

06-41752-swr Doc 10 Filed 05/24/06 Entered 05/24/06 13:49:17 Page 1 of 2

Exhibit A

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FORM B18 continued (10/05)

EXPLANATION OF BANKRUPTCY DISCHARGE

IN A CHAPTER 7 CASE

 This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case

and it does not determine how much money, if any, the trustee will pay to creditors.

Collection of Discharged Debts Prohibited

 The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For

example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to

attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case

involving community property: There are also special rules that protect certain community property owned by the

debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required

to pay damages and attorney's fees to the debtor.

 However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest,

against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case.

Also, a debtor may voluntarily pay any debt that has been discharged.

Debts That are Discharged

 The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged.

Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this

case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to

debts owed when the bankruptcy case was converted.)

Debts that are Not Discharged.

Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:

a. Debts for most taxes;

b. Debts incurred to pay nondischargeable taxes; * applies to cases filed on or after October 17, 2005.

c. Debts that are domestic support obligations;

d. Debts for most student loans;

e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;

f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft

while intoxicated;

g. Some debts which were not properly listed by the debtor;

h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not

discharged;

i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in

compliance with the Bankruptcy Code requirements for reaffirmation of debts.

j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings

Plan for federal employees for certain types of loans from these plans. * applies to cases filed on or after

October 17, 2005.

 This information is only a general summary of the bankruptcy discharge. There are exceptions

to these general rules. Because the law is complicated, you may want to consult an attorney to determine the

exact effect of the discharge in this case.

06-41752-swr Doc 10 Filed 05/24/06 Entered 05/24/06 13:49:17 Page 2 of 2

Exhibit A

2:14-cv-14909-PDB-DRG Doc # 1 Filed 12/29/14 Pg 6 of 7 Pg ID 6
Mail Retum Only

PO Box 9800

Coral Springs, FL 33075-9800

Date of Service Amount Due

ry25l02 s1s4.00

J! r- FT( rvonvergent

Convergent Healthcare Recoveries, Inc.

l2l NE Jefferson Street, Suite 100, Peoria IL 61602

Business Hours 8 AM to 5 PM Central Time, Monday - Friday

Date: 11120114

Re: CF Medical, LLC

AgencyAccount#: f7853

TotalDue: $1Y.00

lll'ltllltllltltl,l;rll,;,l,lrllLrh;lrrlllllllllrllrrlrrllllrl

12030140 

^ 

o o 1 I 4 7 lll ll lll llllllllllllllllllllllllllilll lll llll I lll

Shariene Wilson

12900 Lake Point Pass

Belleville Ml 4811 1-2243

Dear Sharlene Wilson,

This notice ii being.sent to you by a collec-tion agency. The recoidS of'CFN,[edlc-al,"ttC 3how'thdt yont'account has.a- pasi due

baiance of $154.00 Please contact this office to resolve your account. Call this office at 888-801-4395.

CF Medical, LLC purchased this account from the original creditor/provider and has advised us that they are willing to settle your

account for 50oh olf yo* total balance due. The full settlement must be received in this office by an agreed upon date. If you are

interested in taking advantage of this offer, call this office within 45 days of this letter. Even if you are unable to take advantage

of this offer, pleasi contact this office to see what terms can be worked out on your account. We are not required to make this

offer to you in the future.

Account Number Original Creditor/Provider

15814 ER One - Professional

Unless you notifu this office within 30 days after receiving this notrce that you dispute the validity of this debt or any portion

thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that

you dispute the validity of this debt or any portion thereof. this office will obtain verification of the debt or obtain a copy of a

judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving

this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.

This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a

debt collector.

Please detach the bottom portion of this letter and return it with your payment.

Sharlene Wilson

12900 Lake Point Pass

Belleville Ml 48'111-2243

102

Date:

Re:

Agency Account#:

TotalDue:

11t20t14

CF Medical, LLC

-78s3 $1s.00

Ifi:Iili: $1s4 oo

Fra ,cDb

CONVERGENT HEALTHCARE RECOVERIES, INC.

PO Box 5435

Dept.0102

Carol Stream lL 60197-5435

0D0BBE0l,5'{08 I

IF PAYING BY CREDIT CARD, FILL OUT BELOW

oRcLE cARD usrNG FoRPAYIIENT f,@ m CARD NUMBER AMOUNT

SIGNATURE EXP DATE

-,?85301,00

Exhibit B

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