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TRINETTE G. KENT (State Bar No. 025180)

10645 North Tatum Blvd., Suite 200-192

Phoenix, AZ 85028 

Telephone: (480) 247-9644

Facsimile: (480) 717-4781

E-mail: tkent@kentlawpc.com

Of Counsel to:

Nitzkin & Associates

22142 West Nine Mile Road

Southfield, MI 48033

Telephone: (248) 353-2882

Facsimile: (248) 353-4840

Attorneys for Plaintiff,

Michael McNeill

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Michael McNeill,

Plaintiff,

vs.

NPAS, Inc., a Tennessee corporation.

Defendant.

Case No.: 

COMPLAINT

JURY TRIAL DEMAND

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NOW COMES THE PLAINTIFF, MICHAEL MCNEILL, BY AND 

THROUGH COUNSEL, Trinette G. Kent, and for his Complaint against the 

Defendant, pleads as follows:

JURISDICTION

1. This court has jurisdiction under the Fair Debt Collection Practices Act 15 

U.S.C. §1692, et seq., (“FDCPA”).

VENUE

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

City of Kingman, Mohave County, Arizona. 

3. Venue is proper in the District of Arizona, Prescott Division. 

PARTIES

4. The Defendant to this lawsuit is NPAS, Inc. (“NPAS”), which is a Tennessee 

corporation that maintains a registered agent in Phoenix, Arizona.

GENERAL ALLEGATIONS

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

Plaintiff to Valley View Medical Center in the amount of $706.09. 

6. The alleged debt was incurred in the amount of $6,310.31, and The U.S. 

Department of Veteran Affairs paid $5,604.22 of this.

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7. Mr. McNeill does not owe the alleged debt. Since the U.S. Department of 

Veteran Affairs agreed to cover his medical debt, the institution was required to 

accept its payment as payment in full and forgive the deficiency since Mr. 

McNeill veteran.

8. On or about May 27, 2015, Mr. McNeill received a demand letter from 

Defendant NPAS, attempting to collect the alleged debt in the amount of 

$706.90.

9. On or about June 1, 2015, Mr. McNeill sent a letter to Defendant, indicating 

that he did not owe the alleged debt.

10.On or about September 28, 2015, Mr. McNeill received another letter from 

Defendant, attempting to collect the alleged debt in the amount of $169.56.

11.On or about October 8, 2015, Mr. McNeill received another letter from 

Defendant, attempting to collect the alleged debt, again in the amount of 

$169.56.

VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT 

12.Plaintiff reincorporates the preceding allegations by reference.

13.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.

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

this case is for a consumer debt.

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

("FDCPA"), 15 U.S.C. §1692a(6).

16.The Defendant’s foregoing acts in attempting to collect this alleged debt 

violated the following provisions of the FDCPA:

a. 15 U.S.C. §1692f(1) by collecting an amount not permitted by law.

b. 15 U.S.C. §1692e(2)(A) by misrepresenting the character, amount or 

legal status of any debt. 

17.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 him a judgment 

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

DEMAND FOR JUDGMENT RELIEF

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

Defendant NPAS:

a. Actual damages;

b. Statutory damages; and

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c. Statutory costs and attorneys’ fees.

JURY DEMAND

Plaintiff hereby demands a trial by Jury. 

DATED: February 3, 2016 NITZKIN & ASSOCIATES

By: /s/ Trinette G. Kent 

Trinette G. Kent 

Attorneys for Plaintiff,

Michael McNeill

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