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CAMPBELL & COOMBS, P.C.

1811 South Alma School, Suite 225

Mesa, Arizona 85210

Telephone: (480) 839-4828

Facsimile: (480) 897-1461

heciii@haroldcampbell.com

Harold E. Campbell

State Bar No. 005160

John D. Yohe

State Bar No. 021636

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA 

KRISTIN M. COBLE,

Plaintiffs,

vs.

BANK OF AMERICA, N.A.

Defendant.

Civil Action Number.:

ORIGINAL COMPLAINT FOR DAMAGES

Plaintiff, KRISTIN M. COBLE, by and through undersigned counsel, respectfully

prays for Judgment against defendant, as follows:

1. Plaintiff, KRISTIN M. COBLE, is a natural person and domiciliary of

Maricopa County Arizona, residing at 4514 E. Decatur, Mesa, AZ 85205.

2. Made defendant herein is:

a) BANK OF AMERICA, N.A. herein referred to as “B of A,” a foreign

corporation authorized to do and doing business in the State of Arizona, and who will be

served through its authorized agent for service of process.

JURISDICTION OF THE COURT

3. The Honorable Court has jurisdiction over this matter based upon 28 U.S.C. §

1331, in that this dispute involved predominant issues of federal law. Defendant is liable

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unto Plaintiff pursuant to the provisions of the “Fair Credit Reporting Act,” 15 U.S.C. §

1681, et seq. Defendant is also liable to Plaintiff pursuant to the laws of Arizona and

possibly other states, which claims may be brought under Pendant Jurisdiction of the

Court.

REQUEST FOR EXEMPLARY/PUNITIVE DAMAGES

4. Plaintiff, KRISTIN M. COBLE, respectfully requests that this Honorable Court

consider, as the trier of facts, that in addition to actual or compensatory damages, punitive

or exemplary damages may be awarded against Defendant under federal and state laws.

REQUEST FOR COSTS OF LITIGATION AND ATTORNEY’S FEES

5. Plaintiff, KRISTIN M. COBLE, respectfully requests that this Honorable Court

consider, as the trier of facts, that in addition to an award of damages, and the costs of

litigation, Plaintiff also seeks an award of her reasonable attorneys’ fees incurred by

Plaintiff.

GENERAL FACTUAL BASIS FOR COMPLAINT

6. On April 16, 2008, Plaintiff, KRISTIN M. COBLE filed for relief under Title

11 Chapter 7 of the Bankruptcy Code in the District of Arizona, case number 2:08-bk04221-RTB.

7. On July 28, 2008, Plaintiff, KRISTIN M. COBLE was granted her Discharge

by the Bankruptcy Court of the District of Arizona and her case was closed on August 4,

2008

8. Defendant B of A was listed on Plaintiff’s, KRISTIN M. COBLE’s bankruptcy

schedules and was properly noticed of the bankruptcy by the Clerk of the Bankruptcy

Court.

9. Despite being notified of the Chapter 7 bankruptcy proceeding, Defendant B of

A continued its collection activity upon the Plaintiff through collection letters sent by its

agent, Sunrise Credit Services, Inc (“Sunrise”). Plaintiff informed the Sunrise

representative, Mary Goodman, of her Chapter 7 bankruptcy and discharge in multiple

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phone conversations and demanded them to cease further collection efforts. Despite

Plaintiff’s requests to cease contacting her, Defendant B of A continued to harass Plaintiff

repeatedly by constantly calling Plaintiff attempting to collect on the discharged debt.

10. On September 29, 2011, Plaintiff moved the Bankruptcy Court to reopen her

Chapter 7 bankruptcy and on September 30, 2011, the Bankruptcy Court granted the

motion and reopened her bankruptcy case.

11. On January 9, 2012, Plaintiff filed a Motion for Sanctions against Defendant

alleging Defendant’s actions were contrary to and in violation of the discharge order and

11 U.S.C. § 524.

12. On April 13, 2012, Plaintiff and Defendant entered into a Settlement and

Release in which Defendant agreed to release and discharge a security instrument

recorded under Maricopa County instrument number 2006-323773 by recording a Deed

of Release and Reconveyance. The Deed of Release and Reconveyance was executed

and filed with the Maricopa County Recorder on May 8, 2012.

13. On or about August, 2015, Plaintiff applied to refinance the mortgage on her

personal residence because the interest rate on the present mortgage is scheduled to

increase.

14. Through working with the mortgage lender it was discovered that Defendant

has reported a false and derogatory statement regarding the loan that was subject of the

Motion for Sanctions filed in the Plaintiff’s Chapter 7 proceeding.

15. Defendant issued a consumer report bearing a false and derogatory statement

on Plaintiff’s account. Defendant reported the account as “profit and loss paid” to the

credit reporting agencies.

16. “Profit and loss paid” erroneously reports that the liability was charged-off by

the Defendant and that the Plaintiff is still liable for the debt. The subject debt in this

case was discharged in bankruptcy and therefore the Plaintiff is not liable for this debt.

17. On or about July 20, 2015, Plaintiff suffered a denial in an attempt to

refinance her primary mortgage by Desert Schools Federal Credit Union, who denied

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Plaintiff solely based on a consumer report issued by Defendant which reported the false

and derogatory statement concerning the status of Plaintiff’s account.

18. The false and derogatory statement reported by Defendant disqualified

Plaintiff from refinancing her primary mortgage on her residence.

19. The Plaintiff has suffered damages in an amount to be proven at trial due to

being disqualified from refinancing her primary mortgage.

20. In addition to actual or compensatory damages, Defendant is liable unto

Plaintiff in a sum to be assessed by the trier of fact for punitive/exemplary damages under

states’ laws and/or for willful violations of the provisions of the Fair Credit Reporting Act

or other applicable federal laws.

WHEREFORE, Plaintiff, KRISTIN M. COBLE, PRAYS after all due proceedings

are had there be Judgment herein in favor of Plaintiff and against Defendant, BANK OF

AMERICA, N.A. as follows:

That there be Judgment herein in favor of Plaintiff and against Defendant, Bank of

America, N.A. for all reasonable damages sustained by Plaintiff, including, but not

limited to, compensatory damages associated with the costs of being denied credit, the

costs incurred in repairing her credit history, out-of-pocket expenses, pain and suffering,

embarrassment, inconvenience, lost economic opportunity, loss of incidental time,

frustration, emotional distress, mental anguish, progress and career, and for punitive

damages, attorneys’ fees, and court costs, and other assessments proper by law and any

and all other applicable federal and states’ laws, together with legal interest thereon from

date of judicial demand until paid. FURTHER, Pray for all such additional, general and

equitable relief as may be necessary and proper in the premises.

DATED: September 30, 2015

CAMPBELL & COOMBS, P.C.

By: /s/ HEC 005160 

Harold E. Campbell

Attorney for Plaintiff

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