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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JESSICA A. TWARDOWSKI, 

Plaintiff,

v.

CREDIT MANAGEMENT, L.P.,

Defendant.

Case No.

COMPLAINT 

NOW COMES Plaintiff, JESSICA A. TWARDOWSKI, through undersigned counsel, 

complaining of Defendant, CREDIT MANAGEMENT, L.P., as follows: 

NATURE OF THE ACTION

1. This action is seeking redress for Defendant’s violation(s) of the Fair Debt

Collection Practices Act (the “FDCPA”), 15 U.S.C. § 1692 et seq.

JURISDICTION AND VENUE

2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331.

3. Venue in this district is proper under 28 U.S.C. § 1391(b)(2).

PARTIES

4. JESSICA A. TWARDOWSKI (“Plaintiff”) is a natural person, over 18-years-ofage, who at all times relevant resided at 224 Gettysburg Drive, Bolingbrook, Illinois 60440.

5. Plaintiff is a “consumer” as defined by 15 U.S.C. § 1692a(3).

6. CREDIT MANAGEMENT, L.P. (“Defendant”) is a limited partnership organized

and existing under the laws of the State of Nevada.

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7. Defendant has its principal place of business at 6080 Tennyson Parkway, Suite 100, 

Plano, Texas 75024.

8. Defendant is a “debt collector” as defined by 15 U.S.C. § 1692a(6).

9. Defendant uses instrumentalities of interstate commerce and the mail in its business 

– the principal purpose of which is the collection of debt owed or due or asserted to be owed or 

due another. 

FACTUAL ALLEGATIONS

10. Plaintiff purchased prescription medications through AllianceRX Walgreens 

Prime, a specialty and home delivery pharmacy.

11. As result of financial hardship, however, Plaintiff was not able to pay her $165.00 

account balance. 

12. Plaintiff's $165.00 account balance is a "debt" as defined by 15 U.S.C. § 1692a(6).

13. On February 18, 2020, Plaintiff filed a voluntary petition for relief under Chapter 

7, Title 11, United States Code (the “Bankruptcy Code”).

14. The schedules filed by Plaintiff included Plaintiff's AllianceRX Walgreens Prime

account on Schedules E/F: Creditors Who Have Unsecured Claims.

15. On February 21, 2020, the Bankruptcy Noticing Center issued a Certificate of 

Notice, certifying, under penalty of perjury, that it sent Notice of Chapter 13 Bankruptcy Case by 

first class mail or electronic transmission to Plaintiff’s creditors, including AllianceRX Walgreens 

Prime.

16. Subsequently, Plaintiff's AllianceRX Walgreens Prime account was referred for 

collection. 

17. Defendant mailed Plaintiff a letter dated July 1, 2020, which stated:

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Your account(s) has been placed for collection and payment in full is due. The below listed 

account(s) has been turned over to us by our client, who has given you an opportunity to 

satisfy this obligation. You can avoid continued collection activities by sending your 

payment in full directly to Capital Management, L.P.

If multiple accounts for the same creditor are listed below, you have a right to dispute part 

of all of any of the accounts.

Notice: Unless you notify this office within 30 days after receiving this notice that you 

dispute the validity of this debt or any portion thereof, this office will assume this debt is 

valid. If you notify this office in writing within 30 days from receiving this notice that you 

dispute the validity of this debt or any portion thereof, this office will obtain verification 

of the debt or obtain a copy of a judgment and mail you a copy of such judgment or 

verification. If you request this office in writing within 30 days after receiving this notice, 

this office will provide you with the name and address of the original creditor, if different 

from the current creditor.

***

This communication is from a debt collector. This is an attempt to collect a debt and any 

information obtained will be used for that purpose.

***

Creditor Account Number Amount

ALLIANCE_RX WALGREENS PRIME 3363249 165.00

TOTAL 165.00

DAMAGES

18. The automatic stay is one of the fundamental debtor protections provided by the 

bankruptcy laws. It gives the debtor a breathing spell from her creditors. It stops all collection 

efforts, all harassment, and all foreclosure actions. It permits the debtor to attempt a repayment or 

reorganization plan, or simply to be relieved of the pressures that drove her into bankruptcy.

19. Defendant's unlawful conduct deprived Plaintiff of one of her fundamental rights 

and led Plaintiff to believe her bankruptcy was for naught, causing anxiety and emotional distress.

20. Concerned with having had her rights violated, Plaintiff was forced to retain 

counsel; therefore, expending time and incurring attorney’s fees to vindicate her rights. 

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CLAIMS FOR RELIEF

COUNT I: 

Defendant’s violation(s) of 15 U.S.C. § 1692 et seq.

21. All paragraphs of this Complaint are expressly adopted and incorporated herein as 

though fully set forth herein.

Violation of 15 U.S.C. § 1692e

22. Section 1692e provides:

A debt collector may not use any false, deceptive, or misleading 

representation or means in connection with the collection of any debt. 

Without limiting the general application of the foregoing, the following 

conduct is a violation of this section.

(2) The false representation of –

(A) the character, amount, or legal status of any debt.

(10) The use of any false representation or deceptive means to collect or 

attempt to collect any debt or to obtain information concerning a 

consumer.

23. Defendant's July 1, 2020 letter to Plaintiff asserted that Plaintiff’s debt to Alliance 

RX Walgreens Prime was due and demanded that Plaintiff pay the debt. 

24. But at the time of Defendant's July 1, 2020 letter, Plaintiff’s debt to AllianceRX 

Walgreens Prime was not due because that debt had been included in Plaintiff's Chapter 7 

bankruptcy.

25. It seems clear, then, that Defendant's July 1, 2020 letter misrepresented the legal 

status of Plaintiff’s debt to AllianceRX Walgreens Prime in violation of 15 U.S.C. §§ 1692e(2)(A) 

and e(10). See Randolph v. IMBS, Inc., 368 F.3d 726, 728 (7th Cir. 2004) (“[A] demand for 

immediate payment while a debtor is in bankruptcy (or after the debt’s discharge) is ‘false’ in the 

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sense that it asserts that money is due, although, because of the automatic stay (or discharge 

injunction), it is not.”

Violation of 15 U.S.C. § 1692f

26. Section 1692f provides:

A debt collector may not use unfair or unconscionable means to collect or 

attempt to collect any debt. Without limiting the general application of the 

foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or 

expense incidental to the principal obligation) unless such amount 

is expressly authorized by the agreement creating the debt or 

permitted by law.

27. The filing of a bankruptcy petition automatically stays “the commencement or 

continuation, including the issuance or employment of process, of a judicial, administrative, or 

other action or proceeding against the debtor that was or could have been commenced before the 

commencement of the case under this title, or to recover a claim against the debtor that arose before 

the commencement of the case under this title. 11 U.S.C. § 362(a)(1).

28. Defendant violated 15 U.S.C. § 1692f(1) by attempting to collect debt (Plaintiff's 

to AllianceRX Walgreens Prime account) not permitted by law - 11 U.S.C. § 362(a)(1).

29. Plaintiff may enforce the provisions of 15 U.S.C. §§ 1692e(2)(A), e(10), and f(1) 

pursuant to section k of the Fair Debt Collection Practices Act (15 U.S.C. § 1692k) which provides 

"any debt collector who fails to comply with any provision of [the Fair Debt Collection Practices 

Act] with respect to any person is liable to such person in an amount equal to the sum of –

(1) any actual damage sustained by such person as a result of such failure;

(2)

(A) in the case of any action by an individual, such additional damages 

as the court may allow, but not exceeding $1,000.00; or

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(3) in the case of any successful action to enforce the foregoing liability, the 

costs of the action, together with reasonable attorney's fees as determined 

by the court. 

WHEREFORE, Plaintiff requests the following relief:

A. find that Defendant violated 15 U.S.C. §§ 1692e(2)(A), e(10), and f(1);

B. award any actual damage sustained by Plaintiff as a result of Defendant’s violation 

pursuant to 15 U.S.C. § 1692k(a)(1);

C. award such additional damages, as the Court may allow, but not exceeding $1,000 

pursuant to 15 U.S.C. § 1692k(a)(2)(A);

D. award costs of this action including expenses together with reasonable attorneys’ 

fees as determined by this Court pursuant to 15 U.S.C. § 1692k(a)(3); and

E. award such other relief as this Court deems just and proper.

DEMAND FOR JURY TRIAL

Pursuant to Fed. R. Civ. P. 38(b), Plaintiff demands a trial by jury of any and all issues in 

this action so triable of right.

DATED: July 21, 2020 Respectfully submitted,

JESSICA A. TWARDOWSKI

By: /s/ Joseph S. Davidson

Mohammed O. Badwan

Joseph S. Davidson

Victor T. Metroff

SULAIMAN LAW GROUP, LTD.

2500 South Highland Avenue

Suite 200

Lombard, Illinois 60148

+1 630-575-8181

mbadwan@sulaimanlaw.com

jdavidson@sulaimanlaw.com

vmetroff@sulaimanlaw.com

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