_________[Name, office address, telephone number, and
state bar number of attorney]
Attorney for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF _________
_________[Name],
Plaintiff, Case No. _________
COMPLAINT FOR DAMAGES
vs. FOR VIOLATION OF THE FAIR
DEBT COLLECTION PRACTICES
_________[Names], ACT [15 USC §1692k]
and DOES 1 through
50, inclusive,
Defendants.
____________________________________________________________
Plaintiff alleges:
1. Plaintiff, _________[name], is an individual and is now, and at all times mentioned in this complaint was, a resident of _________ County, California.
2. Defendant, _________[name], ("defendant corporation"), is now and at all times mentioned in this complaint, was a corporation organized and existing under the laws of the State of California, with its principal place of business in _________ County, California. Defendant, _________[name], ("individual defendant") is an individual and is now, and at all times mentioned in this complaint was, a resident of _________ County, California.
3. This action is brought under the federal Fair Debt Collections Practices Act (Title 15 of the United States Code, sections 1692 et seq.). This court has jurisdiction over this action under Title 15 of the United States Code, section 1692k(d) of the Act.
4. Defendant corporation operates _________[name of collection agency], in _________, California, which is in the business of debt collection. Individual defendant is an employee of defendant corporation. At all times mentioned in this complaint, individual defendant was acting within the course and scope of _________ [his or her] employment with defendant corporation. Both defendants are debt collectors as defined in Title 15 the United States Code, section 1692a(6) of the Act.
5. Plaintiff is unaware of the true names and capacities of defendants Does 1 through 50, inclusive, and each of them, and therefore sues these defendants by those fictitious names. Plaintiff will ask leave to amend this complaint to state their true names and capacities when they have been ascertained. Plaintiff is informed and believes, and on that basis alleges, that each of the defendants named as a Doe was in some manner responsible for the injury and damage suffered by plaintiff as alleged in this complaint. Plaintiff is informed and believes and on that basis alleges that some of the defendants were the agents and employees of their codefendants, and each of them, and in doing the things alleged in this complaint were acting within the scope of their authority as agents and employees, with the permission and consent of their codefendants, and each of them.
6. On or about _________[date], plaintiff received a telephone call from individual defendant as to an alleged debt for _________[allege consumer purpose of debt], assigned to defendant corporation by _________[name of creditor]. Plaintiff is a consumer under the Act.
7. _________[Allege violation of Fed-FDCPA, such as: Defendants failed to send plaintiff a written notice as required by Title 15 of the United States Code, section 1692g within 5 days of the initial telephone contact, or at all. or During the course of this telephone conversation and in violation of Title 15 of the United States Code, section 1692d, individual defendant used obscene and vulgar language, the natural consequence of which was to abuse plaintiff.]
8. _________[Add, if applicable: Due to _________ (specify condition), plaintiff is particularly vulnerable to mental distress. Defendants had notice of plaintiff’s condition as of _________ (date), during the course of the initial contact between plaintiff and defendants, and continued to act in an oppressive and abusive manner.]
9. As a proximate result of the conduct of defendants, plaintiff suffered actual damages consisting of _________[itemize].
10. _________[Allege any acts by defendants justifying an award of statutory damages under Title 15 of the United States Code, §1692k.]
WHEREFORE, plaintiff demands judgment from defendants for:
1. Actual damages according to proof;
2. Statutory damages under Title 15 of the United States Code, section 1692k;
3. Reasonable attorney fees and costs of suit under Title 15 of the United States Code, section 1692k;
4. Such other and further relief as this court may deem just and proper.
Dated _________.
_______________________
[Signature]
Attorney for Plaintiff
[Add verification, if desired]
¨ Notes Authority: Under the Fed-FDCPA, any debt collector who violates the Act as to a person is liable to the person for the sum of [15 USC §1692k(a); for additional discussion of debtor’s remedies under Fed-FDCPA, see § 59:10]:
(1). Any actual damage resulting from the violation;
(2). In the case of an action by an individual, up to $1000 additional damages, and in the case of a class action, additional damages up to the lesser of $500,000 or one percent of the debt collector’s net worth; and
(3). The costs of the action, including a reasonable attorney fee.
