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Haverstick v. J&M Securities, LLC

United States District Court, E.D. Missouri, Eastern Division

November 3, 2016

SUSAN HAVERSTICK, Plaintiff,
v.
J&M SECURITIES, LLC, Defendant.

          MEMORANDUM AND ORDER

          RONNIE L. WHITE UNITED STATES DISTRICT JUDGE.

         This 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 disposition.

         BACKGROUND

         J&M 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").

         On or 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 against Haverstick.

         Haverstick 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).

         On or 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.

         Haverstick 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."

         On 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).

         DISCUSSION

         I. Plaintiffs Claims

         Defendant and Plaintiff have both moved to dismiss Plaintiffs complaint with prejudice. Because these motions are not opposed, the Court dismisses Plaintiffs complaint with prejudice.

         II. ...


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