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TRINETTE G. KENT (State Bar No. 025180)

KENT LAW OFFICES

10645 North Tatum Blvd., Suite 200-192

Phoenix, AZ 85028 

Telephone: (480) 247-9644

Facsimile: (480) 717-4781

E-mail: tkent@kentlawpc.com

Attorneys for Plaintiffs,

Xochitl Enriquez

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Xochitl Enriquez,

Plaintiffs,

vs.

U.S. Collections West, Inc.

Defendant.

Case No.: 

COMPLAINT

JURY TRIAL DEMAND

Case 2:15-cv-01863-GMS Document 1 Filed 09/18/15 Page 1 of 6
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NOW COMES THE PLAINTIFF, XOCHITL ENRIQUEZ, BY AND 

THROUGH COUNSEL, TRINETTE G. KENT, and for her Complaint against the 

Defendant, pleads as follows:

JURISDICTION

1. This court has jurisdiction under the Fair Debt Collection Practices Act 

(“FDCPA”), 15 U.S.C. §1692k(d) and 28 U.S.C. §§1331,1337.

VENUE

1. The transactions and occurrences which give rise to this action occurred in the 

City of Goodyear, Maricopa County, Arizona. 

2. Venue is proper in the District of Arizona, Phoenix Division. 

PARTIES

3. The Defendant to this lawsuit is U.S. Collections West, Inc., which is an 

Arizona company and maintains its registered agent in the City of Phoenix, in 

Maricopa County, Arizona. 

GENERAL ALLEGATIONS

4. Defendant is attempting to collect a consumer type debt allegedly owed by 

Plaintiff, Xochitl Enriquez. This debt was a judgment that Defendant obtained 

against Plaintiff in the amount of $2,228.33 on June 30, 2015.

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5. On or about July 21, 2015, Ms. Enriquez received a letter from Alan H. 

Zimmerman, P.C., attempting to collect the alleged debt in the amount of 

$2,228.33.

6. On or about July 31, 2015, Defendant sent a letter to Ms. Enriquez attempting 

to settle the alleged debt in the amount of $6,258.26. Defendant misrepresented 

the debt as a “Promissory Note.”

7. Defendant misrepresented the amount of the debt, attempted to collect an 

amount not permitted by law, and used false, deceptive, or misleading 

representations or means in connection with the collection of the alleged debt, 

all in violation of the FDCPA.

COUNT I-VIOLATION OF 

THE FAIR DEBT COLLECTION PRACTICES ACT

8. Plaintiff reincorporates the preceding allegations by reference.

9. At all relevant times, Defendant, in the ordinary course of its business, regularly 

engaged in the practice of collecting debts on behalf of other individuals or 

entities.

10.Plaintiff is a "consumer" for purposes of the FDCPA, and the account at issue in 

this case is a consumer debt.

11.Defendant is a "debt collector" under the Fair Debt Collection Practices Act 

("FDCPA"), 15 U.S.C. §1692a(6).

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12.Defendant's foregoing acts in attempting to collect this alleged debt violated the 

following provisions of the FDCPA:

a. 15 U.S.C. §1692e(10) by using any false representations or deceptive 

means to collect an alleged debt. Defendant did this when it sent Ms. 

Enriquez a letter stating that she had to sign it, representing the letter as a 

“Promissory Note.”

b. 15 U.S.C. §1692e2(A) by misrepresenting the character, amount, or legal 

status of the debt, as Ms. Enriquez did not owe the amount represented in 

the letter from Defendant.

c. 15 U.S.C. §1692f(1) by collecting any amount not permitted by law, as 

Ms. Enriquez had a Judgment entered for an amount significantly lower 

than the amount that Defendant was attempting to collect. 

13.The Plaintiff has suffered economic, emotional, general, and statutory damages 

as a result of these violations of the FDCPA.

WHEREFORE, PLAINTIFF PRAYS that this court grant her a judgment 

against Defendant for actual damages, costs, interest, and attorneys’ fees. 

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DEMAND FOR JUDGMENT RELIEF

Accordingly, Plaintiff requests that the Court grant her the following relief against 

the Defendant:

a. Actual damages;

b. Statutory damages; and

c. Statutory costs and attorneys’ fees.

JURY DEMAND

Plaintiff hereby demands a trial by Jury. 

DATED: August 31, 2015 KENT LAW OFFICES

By: /s/ Trinette G. Kent 

Trinette G. Kent 

Attorneys for Plaintiff,

Xochitl Enriquez

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