United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
L. WHITE UNITED STATES DISTRICT JUDGE.
matter is before the court on Defendant's Motion to
Dismiss Plaintiffs Complaint (ECF No. 4), Plaintiffs Motion
to Voluntarily Dismiss With Prejudice (ECF No. 15), and
Plaintiffs Motion to Dismiss Defendant's Counterclaims
(ECF No. 16). These matters are fully briefed and ready for
Securities, LLC ("J&M") is a debt collector on
behalf of third parties. J&M Securities was hired by Echo
Rental Properties LLC ("Echo") to collect a debt
owed by Plaintiff Susan Haverstick ("Haverstick")
(hereinafter the "Debt").
about December 17, 2010, Haverstick signed a residential
lease for a property located at 3728 Keokuk, 2nd
Floor St. Louis, MO 63116 for a lease term beginning December
17, 2010 and ending April 30, 2012. Haverstick terminated the
lease in September 2011. On September 20, 2011, Echo filed a
lawsuit in the Missouri Circuit Court for the Twenty-Second
Judicial Circuit, Echo Rental Properties LLC v. Susan
Haverstick, 1122AC 14011, seeking possession of the
premises and further seeking a monetary judgment against
Haverstick for rent in the amount of $1, 045. On November 3,
2011, default judgment was entered in favor of Echo and
alleged in her Complaint that the Judgment entered by the
Missouri Circuit Court reflected a $0.00 amount in favor of
Echo and against Haverstick. Haverstick alleged that the
Missouri Circuit Court entered judgment in favor of her on
Echo's claim for monetary damages. However, the Judgment
entered by the Missouri Circuit Court actually reflects that
the Judgment was "PENDING." (ECF No. 5-4).
about August 4, 2015, J&M reported to one or more of the
three major credit reporting agencies that Haverstick's
Debt had an outstanding balance of $6, 202.00, and that the
Debt was past due. Haverstick alleged in her Complaint that
J&M's reporting of the Debt to one or more of the
three major credit reporting agencies misrepresented the
character, amount, and/or legal status of the Debt.
learned about the allegedly false reporting of the Debt when
she was denied for a home equity line of credit because she
had "an open collection from J&M Securities in the
amount of $6, 202."
March 31, 2016, Haverstick filed an action under the Federal
Debt Collection Practices Act ("FDCPA"), 15 U.S.C.
§1692, et seq. On May 2, 2016, J&M filed an
Answer, Affirmative Defenses, and Counterclaims. (ECF No. 5).
J&M alleged counterclaims for Bad Faith Litigation for
Purposes of Harassment In Violation of the FDCPA (Count I)
and State Law Claim for Breach of Contract (Count II).
and Plaintiff have both moved to dismiss Plaintiffs complaint
with prejudice. Because these motions are not opposed, the
Court dismisses Plaintiffs complaint with prejudice.