VERIFIED COMPLAINT 1

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PANAMA CITY DIVISION 

DEBORAH EVANS, 

 Plaintiff, 

v. 

PORTFOLIO RECOVERY ASSOCIATES, LLC, 

 Defendant. 

_________________________________________/ 

PLAINTIFF’S COMPLAINT AND DEMAND FOR JURY TRIAL

DEBORAH EVANS (Plaintiff), by her attorneys, KROHN & MOSS, LTD., alleges 

the following against PORTFOLIO RECOVERY ASSOCIATES, LLC, (Defendant): 

INTRODUCTION 

1. Count I of Plaintiff’s Complaint is based on the Fair Debt Collection Practices Act, 15 

U.S.C. 1692 et seq. (FDCPA). 

JURISDICTION AND VENUE 

2. Jurisdiction of this court arises pursuant to 15 U.S.C. 1692k(d), which states that such 

actions may be brought and heard before “any appropriate United States district court 

without regard to the amount in controversy,” and 28 U.S.C. 1367 grants this court 

supplemental jurisdiction over the state claims contained therein. 

3. Because Defendant conducts business in the state of Florida, personal jurisdiction is 

established. 

4. Venue is proper pursuant to 28 U.S.C. 1391(b)(2).

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VERIFIED COMPLAINT 2

PARTIES 

5. Plaintiff is a natural person who resides in Panama City, Bay County, Florida, and is 

allegedly obligated to pay a debt and is a “consumer” as that term is defined by 15 U.S.C. 

1692a(3). 

6. Pursuant to the definitions outlined in 15 U.S.C. 1692a(1-6),Defendant is a debt collector 

and sought to collect a consumer debt from Plaintiff which was allegedly due and owing 

from Plaintiff, and Plaintiff is a consumer debtor. 

7. Defendant is a national company with its headquarters in Norfolk, Virginia. 

8. Defendant uses instrumentalities of interstate commerce or the mails in any business the 

principal purpose of which is the collection of any debts, or who regularly collects or 

attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due 

another and is a "debt collector" as that term is defined by 15 U.S.C. § 1692a(6). 

9. Defendant is a collection agency that in the ordinary course of business, regularly, on behalf 

of itself or others, engages in debt collection. 

FACTUAL ALLEGATIONS

10. Defendant has been placing collection calls to Plaintiff for approximately one year in 

attempt to collect on a personal debt owed to MBNA. 

11. Defendant calls Plaintiff from 757-961-3544 and 888-772-7326. 

12. Plaintiff has spoken with Defendant on several occasions and informed Defendant that she 

is not working at present and cannot pay the debt. 

13. On several occasions, Plaintiff told Defendant to stop calling her because she cannot pay. 

14. Despite the aforementioned, Defendant continues to place collection calls to Plaintiff. 

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VERIFIED COMPLAINT 3

COUNT I

DEFENDANT VIOLATED THE FAIR DEBT COLLECTION PRACTICES ACT 

15. Defendant violated the FDCPA based on the following: 

a. Defendant violated §1692d of the FDCPA by engaging in conduct the natural 

consequence of which is to harass, oppress, or abuse Plaintiff in connection with the 

collection of a debt. 

b. Defendant violated §1692d(5) of the FDCPA by causing a telephone to ring 

repeatedly and continuously with the intent to annoy, abuse, and harass Plaintiff. 

WHEREFORE, Plaintiff, DEBORAH EVANS, respectfully requests judgment be entered 

against Defendant, PORTFOLIO RECOVERY ASSOCIATES, LLC, for the following: 

16. Statutory damages of $1000.00 pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 

1692k, 

17. Costs and reasonable attorneys’ fees pursuant to the Fair Debt Collection Practices Act, 15 

U.S.C. 1692k 

18. Any other relief that this Honorable Court deems appropriate. 

 RESPECTFULLY SUBMITTED, 

 By: /s/ Nicholas J. Bontrager 

 [ ] Nicholas J. Bontrager 

 Attorney for Plaintiff 

 Krohn & Moss, Ltd. 

 10474 Santa Monica Blvd., Suite 401 

 Los Angeles, CA 90025 

 Tel: (323) 988-2400 ext. 229 

 Fax: (888) 755-0945 

 Email: nbontrager@consumerlawcenter.com 

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VERIFIED COMPLAINT 4

DEMAND FOR JURY TRIAL

 PLEASE TAKE NOTICE that Plaintiff, DEBORAH EVANS, hereby demands trial by jury 

in this action. 

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