Cc. Plaintiff's Attorneys fees and costs;

e Any other relied deemed appropriate by this Honorable Court.

***PLAINTIFF REQUESTS A TRIAL BY JURY ***

Respectfully Submitted,
JIM TIBOR
a4 Ce
One of her Attorneys
KROHN & MOSS, LTD.
Attorneys for Plaintiff

120 W. Madison St., 10" Floor
Chicago, Illinois 60602
(312) 578-9428



WHEREFORE, the Plaintiff, by and through his attorneys, respectfully pray for
judgment as follows:

a All actual compensatory damages that he has suffered;

b. Statutory damages of $1,000.00 for each violation as identified above.

c Plaintiff's Attorneys fees and costs;

d. Any other relied deemed appropriate by this Honorable Court.

COUNT
ILLINOIS CONSUMER FRAUD AND DECEPTIVE BUSINESS
PRACTICES ACT
14. Plaintiff re-alleges all allegations in paragraph 6-13.

15, This claim arise from the same transaction, and are so related to the
foregoing as to create supplemental jurisdiction as contemplated by 28 U.S.C. § 1367 (a).
16.  Defendant’s conduct as described above were unfair and deceptive.

17. Defendant’s conduct was done with malicious intent or reckless

indifference to the rights of Plaintiff and with an evil motive, such that an award of

is warranted, as well as prejudgment interest.

cts constitute public injury because the defendant is engaged
in collection activities that may affect numerous persons, and said conduct has likelihood
to continue unless addressed by this Honorable Court.
WHEREFORE, the Plaintiff, by and through his attorneys, respectfully pray for
judgment as follows:

a. All actual compensatory damages that he has suffered;

b. Statutory damages of $1,000.00 for each violation as identified above.


wTM

— :
C7’ CIVIL COVER SHEET

The JS-44 civil cover sheet and jation contained herein neither replace nor supplement the filing and service of pleadings or other papers as required
by law, except as provided by loca! rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use
the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

iB @ PLAINTIFFS DEFENDANTS

Sin Tree 02C 266 NQrewniveC ctor Ive,
yO 4p "ote.
COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT L23 >
(IN U.S, PLAINTIFF CASES ONLY) Y,

NOTE: INLAND CONDEMNATION CASES, USE THE LOCATION OF We
TRACT OF LAND INVOLVED,

JS 44
(Rev. 12/96)

(COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF Covel. Du a
” (EXCEPT IN US. PLAI NUBCEPEINENWWEBER

{C) arToRNeys (FIRM NAME, ADDRESS, PPARISTRUWER) JUDGE DENLO*¥orneys (ir known)

Keehn ¢ Moss by
120 Ww. Madson St. a oN
Chica, IL & 312-578-9428 Ya
U. BASIS OF JURISDICTION — taceanncwonesoxon | Ill. CITIZENSHIP OF PRINCIPAL PARTIES euctal “2X RQNE BOX FDEPLANTIFE
(For Diversity Cases Only) AND ONE, BOX OR DEFEND
F DEF fos Os PTF DEF
D1 U.S. Govemment Sie Feces Question Citizen of This State > 01 01 Incorporated or'Principal-Place Be o4
Piaintitt (U.S. Government Not a Party) of Business In This sate
D2 U.S, Govemment D4 Diversity Citizen of Another State G2 02 Incorporated and Principal Ptace is as
Defendant (indicate Citizenship of Parties of Business In Another State
in tem tl) Citizen or Subject of ag3 03 Foreign Nation oe as:
Foreign Country
IV. ORIGIN {PLACE AN “X" IN ONE BOX ONLY) Appeal to District
, . ‘Transferred from Judge from
/, Original t2Removed from 3Remandedfrom 1 4 Reinstated or O sanother district 6 Muttidistrict O7 Magistrate
Proceeding State Court Appellate Court Reopened {specity) Litigation Judgment
V. NATURE OF SUIT (PLACE AN °X” IN ONE BOX ONLY)
CONTRACT TORTS FORFEITURE/PENALTY | BANKRUPTCY OTHER STATUTES
1D 110 insurance PERSONAL INJURY PERSONAL INJURY D 610 Agriculture {D422 Appeal 28 USC 158 © 400 State Reapportionment
1D 120 Marine: © 310 Airplane D362 Personal Injury — © 620 Other Food & Drug - © 410 Antitrust
B 130 Miller Act © 345 Alrptane Product’ Med. Matprace 1D 625 Drug Related Seizure ‘D423 Withdrawal © 490 Banks and Banking
1D 140 Nogotlable Instrument ability 03s Pe att oh of Property 21 USC 681 28 USC 187 D450 Commerce/iCC Rates/etc.
DD 150 Recovery of Overpayment ) 320 Assault, Libel & luct Liat onal 630 Uquor Laws: C460 Deportation
Seaercemsnt of opment Seeds: 368 fabesos Por B o#o AR auck PROPERTY RIGHTS | 470 Rsctetor ntuonced and
1D 151 Medicare Act 0) 330 Federal Employers’ in Pe Product Trabaty 2 650 Airline Regs. $20 nts ‘Corrupt Organizations:
182 Recovery of Defaulted Uabitty 1 880 Occupational 2 6a Copy! 0 810 Selective Service
‘Student Loans 340 Marine PERSONAL PROPERTY Safety/Health Q a0 Trademark 1D 850 Securtties/Commodities/
fexcl. Veterana) 1 846 Marine Product 0.970 Other Fraud 1 6890 Other © 840 Trademan Exchange
CO 153 Reece of Overpayment ity (© 371 Truth In Lending 1D 875 Customer Challenge:
eters Bonotte 0.360 Motor Vehicle 5 880 Gin Personal LABOR SOCIAL SECURITY feuse a0
‘Stockholders’: Sut DB 355 Motor Vehicle Property Damage C894 Agricultural Acts
190 Other Contract Product Liability 0 385 Property Damage (0.710 Fair Labor Standards | 861 HIA (139511) Gl 892 Economic Stabilization Act
BD 195 Contract Preduct ability © 360 Other Personal Injury Product Liability Ae g 862 Black Lung (923) Gl 893 Environmental Matters
0 720 Labor/Mgmt. Relations DIWC/DRAW (405(9)}1 C] 894 Energy Allocation Act
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS, He sgo me xvi D895 Freedom of
1D 210 tana Condemnation 441 voting © 610 Noumtovecate 0790 eBecloe Ad 8 “oan £2 900 appeal of Fee Determination
DD 220 Foreclosure © 442 Employment
1B 200 Rect Loase & Ejectment 0443 Housing’, co eae amats,cormtm: 740 Ratway Labor Act FEDERAL TAX SUITS|  .., babeshnaey ‘a tou
DD 260 Torts to Land comm« ns:
Bi 245 Tort Product Liabitity D444 Welfare ERY oan nay ae © 780 Other Labor Litigation | 64 979 args Us Pratt | goo OneStat :
Bi 290 All Other Real Property D440 omercrit Rignts | 3 £65 Cetnons 1D 791 Empl. Ret. inc oF Defendant) Pato
2 858 Prison Condition Security Act oer BS some pany

VI. CAUSE OF ACTION

DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.)

Fair Deag-Couection Racnees Net .

(CITE THE US. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE BRIEF STATEMENT OF CAUSE.

16, USC. 1692, 2+ S4%,

Vil. REQUESTED IN Heck ir tHisisacLass action DEMAND $ CHECK YES only if degrapded in complaint
COMPLAINT © YNDER FRCP 23 JURY DEMAND: Yes TNO
VIII. — This case is not a refiling of a previously dismissed action.

(71 isa refiling of case number. previously dismissed b’

Le

Judge

=>

im mic

SIGNATURE OF ATTORNEY OF moe C—
A
t

a


_§ 1692, et seq.»

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
JIM TIBOR, ) JUDGE LEINENWEBER
¥
Plaintiff, } O2C 266 8
vs. 4 No.
NATIONAL CREDIT, INC. ;

Defendant, MAGiTRATE JUDGE mon /

COMPLAINT

NOW COMES the Plaintiff, JIM TIBOR, by and through her attorneys, KROHN

& MOSS, LTD., complaining against the Defendant NATIONAL CREDIT, INC., and
alleging as follows: ker
PRELIMINARY STATEMENT
1, This is an action for actual and statutory damages for violations of the Fair
Debt Collection Practices Act, 15 U.S.C. § 1692, et sea.
JURISDICTION AND VENUE
2. Jurisdiction arises under the Fair Debt Collection Practices Act, 15 U.S.C.

PARTIES
3, Plaintiff, JIM TIBOR, is an individual who was at all relevant times
residing in the City of Chicago, County of Cook, and State of Illinois.
4, At all relevant times herein, the Defendant, NATIONAL CREDIT, INC.,

acted as a debt collector within the meaning of 15 U.S.C. 1692a(6) in that they held


lan om
NOTE: When the print dialogue = UNITED STATES DISTRICT COURT @

5» be
uncheck the Annotations option, NORTHERN DISTRICT OF ILLINOIS
Eastern Division Double click.on question

k fc form
IDGE LEINENWEBER tuctrs
RATE JUDGE DENLOW

In the Matter of

ose

APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR: DOCKETE!

DA (A) . @)
‘SIGNATURE Vea ‘SIGNATURE /
NAME . NAME
Larry P. Smith j
FIRM FIRM VO iss
Krohn & Moss, Ltd my
STREET ADDRESS STREET ADDRESS TET
120 W. Madison St., 10th floor faa
CULYSTATEZIP CITYISTATEZIP Lad
Chicago, IL 60602 ‘ 2
‘TELEPHONE NUMB] ‘TELEPHONE NUMBER bi oh a
TESS 785428 SG
TDENTIFICATION NUMBER @ IDENTIFICATION NUMBER [ay =
6217162
MEMBER OF TRIAL BAR? ves [yy] No MEMBER OF TRIAL BAR? YES 7 No [ ]
Vamos hn
‘TRIAL ATTORNEY? ‘YES v NO ‘TRIAL ATTORNEY? YES ] NO
DESIGNATED AS LOCAL COUNSEL? ves No 1
© (D)
SIGNATURE SIGNATURE
NAME NAME
FRM RM
‘STREET ADDRESS STREET ADDRESS
CHYISTATEIP CITYSTATEZIP
TECEPHONE NUMBER TELEPHONE NOMBER
IDENTIFICATION NUMBER IDENTIFICATION NUMBER
MEMBER OF TRIAL BAR? ves [7] No ] MEMBER OF TRIAL BAR? YES CL No =
‘TRIAL ATTORNEY? YES oO No TRIAL ATTORNEY? ves No
= |. |
DESIGNATED AS LOCAL COUNSEL? ves [] x0 f DESIGNATED AS LOCAL COUNSEL? ves [-] vo fj



themselves out to be a company collecting a debt owed on an American Express Card.
Defendants alleged actions were upon the collection of an alleged debt for various

purchases made with an American Express Card issued in Plaintiff's name.

ALLEGATIONS

COUNTI
FAIR DEBT COLLECTION PRACTICES ACT

FAIR DEBT COLLECHIONTNACI*’ a

6. Plaintiff had at all times held an American Express Card, which was given
to him for use by a former employer for business purposes. All monthly payments were
made by the employer, and any agreement between the credit card company and the
employer was made by Plaintiff's former employer and not by plaintiff. Plaintiff avers
that at the time he left said employment, all payments on his card were made and timely.

7. In October of 2001, Plaintiff received a telephone call from a person
claiming to be from Defendant to apparently inform the plaintiff that they had taken over
the collection of the American Express account, and that said account was in arrears.

8. The Defendant has, from October of 2001 to the present, consistently

made telephone calls to the plaintiff in attempts to collect the aforementioned alleged

ctober of 2001 to the present repeatedly made
requests, both orally and in writing, requesting that the Defendant verify the amount of
the debt and provide proof that Plaintiff actually is the obligor on the account.

10.  Atno time did the defendant provide the plaintiff with the verification he
requested. Instead, Defendant continued with the phone calling activities.

11. The Defendant continued to make phone calls to plaintiff and further,

committed one or more of the following acts:


a Made several phone calls in a single day, on several days in a row
at plaintiff's home and business despite plaintiff's requests that
there be only written communication;

b. Contacted neighbors of the plaintiff by phone in attempts to locate
the plaintiff;

c. Made threats to plaintiff that although this was a corporate debt,
they will collect this personally from the Plaintiff and will report
the debts to credit reporting agencies under Plaintiff's name if the
debt is not paid.

12. The Defendant violated the Fair Debt Collection Practices Act, 15 U.S.C.
1692 in one or more of the following ways:

a. Failed to provide any validation notice pursuant to and in violation
of 15 U.S.C. 1692g(a)

b. Made threats to take actions against the plaintiff that they are
legally not authorized to take in violation of 15 U.S.C. 1692c(5);

c. Was otherwise unfair, deceptive and overly harassing in their

. practice, of multiple phone calls in violation of 15 U.S.C. 1692f.

4. failed to cease all collection procedures until the validation
procedure is complete after plaintiff demanded said verification, in
violation of 15 U.S.C. 1692g(b).

13. Asa result of the Defendant's violations as aforesaid the Plaintiff has
suffered and continues to suffer personal humiliation, embarrassment, mental anguish and

emotional distress.