UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

IM A WINNER
Plaintiff

Case No.

-vBANKSTER MORTGAGE,
SHAM CREDIT SERVICES,
CROOK MORTGAGE, LLC
Defendants
___________________________________/
PLAINTIFF'S MOTION TO AMEND COMPLAINT
Pursuant to Federal Rule of Civil Procedure 15(a), Plaintiff Im a Winner requests permission to
amend the original complaint, which was filed on September 20th, 2010. The amended complaint
joins an additional Defendant who, in concert with the one of the defendants originally named,
engaged in deceptive acts or practices in violation FDCPA, TCPA and the FCCPA.
1. On September 20th, 2010 the Plaintiff filed the original complaint naming Bankster Mortgage
as Defendant for violations the Telephone Consumer Protection Act (TCPA) Sec. 227., 47 USC
227, Fair Debt Collection Practices Act (FDCPA)15 U.S.C. 1692, and the Florida Consumer
Collection Practices Act (FCCPA), FLA. STAT. 559(Part VI).

2. On or about November 10th, 2010 the Plaintiff received a call from Crook Mortgage
attempting to collect an alleged but nonexistent debt now allegedly owned by Crook but
unfamiliar to the Plaintiff.
3. On or about November 11th, 2010 the Plaintiff called Crook inquiring about the alleged debt
and the amount of the debt. Crook claimed that Bankster Mortgage had sold the alleged debt to
Crook on or about November 8th, 2010.
4. The Plaintiff asked Crook as to why the Plaintiff had not received notice of sale or transfer
from Bankster Mortgage or an introduction letter from Crook as required by law, and the
representative explained that Bankster Mortgage customers had been calling Crook stating they
had not received notice from Bankster Mortgage and that the Plaintiff would receive notice
within a few days.
5. The Plaintiff explained that the Plaintiff had an obligation to neither Bankster Mortgage nor
Crook and that the Plaintiff was unaware of any debt due to either of them.
6. Crooks representative explained they would look into it and get back to the Plaintiff. This has
not occurred as of the filing of the motion and Crook remains a stranger attempting to collect an
alleged but nonexistent debt.
7. Crook continues to call and harass the Plaintiff attempting to collect the alleged but
nonexistent debt against the spirit of the FDCPA, TCPA, and the FCCPA.

8. Under Fed. R. Civ. P. 15, the court should freely give leave [to amend] when justice so
requires.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant leave to allow
Plaintiff to file his First Amended Complaint.

Respectfully submitted this 25th of January, 2011

_________________________________
Im a Winner
5555 Winner Rd.
Winnersville, FL 55555
555-555-5555
Winner@gmail.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing will be electronically
mailed to all parties on the service list this 25th day of January, 2011.

Respectfully,
_______________________
Im a Winner
5555 Winner Rd.
Winnersville, FL 55555
555-555-5555
Winner@gmail.com