News

April 9, 2014

Man sues claiming credit debt collector sent lawsuit notices to wrong addresses

A man is suing a debt collector claiming it did not fulfill a legal duty to inform him of a lawsuit on an open account before securing default judgment.

Barry Woods Sr. filed suit against Midland Funding LLC and Atlantic Credit & Finance Inc. in the 24th Judicial District Court on March 7.

Woods asserts that on Oct. 3, 2006 the defendants sent a petition on an open suit for credit card debt they had filed against him in the 29th Judicial District to an address he had not lived at for six years. The plaintiff alleges that on March 3, 2008 another petition was sent to the home of his son Barry Woods Jr. who disregarded the notice. Woods claims that despite never receiving notice of the lawsuit a default judgment in the amount of $6,944.70 was entered against him.

It was not until Midland Funding attempted to garnish Woods’s wages and seize his bank account on March 8, 2013 that he claims to have learned about the judgment. The plaintiff alleges that the defendants are wrongfully requesting he pay them $13,651.62.

The defendants are accused of violating the Louisiana Unfair Trade Practices Act and Consumer Protection Act and breach of good faith.

An unspecified amount in damages is sought for full compensation and attorney’s fees.

Woods is represented by Patrick B. Sanders of the Law Office of John W. Redmann LLC of Gretna.

The case has been assigned to Division N Judge Stephen D. Enright Jr.

Case no. 736-233.

louisianarecord.com


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The above statements do not represent those of Weston Legal or Michael Weston and they have not been reviewed for accuracy. The statements have been published by a third party and are being linked to by our website only because they contain information relating to debt. Nothing in this article should be construed as legal advice given by Weston Legal or Michael Weston. To view the source of the article, please following the link to the website that published the article. Articles written by Michael W. Weston can be viewed here: To report any problem with this article please email creditcardlawsuit@westonlegal.com

 

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