February 12, 2012

Smith County man sues debt collection agency for threatening court summons

MARSHALL – A Smith County man has filed a lawsuit against a debt collection agency claiming the company called him and threatened him with a court summons in an effort to collect on a debt.

Cody Osterberg filed suit against Commercial Recovery Systems Inc. on Feb. 1 in the Eastern District of Texas, Marshall Division.

Commercial Recovery has attempted to collect an alleged consumer debt from Osterberg by calling him and threatening him. One of defendant’s representatives allegedly screamed at Osterberg and threatened to have him served with a court summons for nonpayment.

The defendant is accused of violating the Federal Fair Debt Collection Practices Act by engaging in conduct with the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt and by using false, deceptive or misleading representation in connection with the collection of a debt.

The defendant is also accused of violating the Texas Finance Code, for unreasonable collection efforts, and for invasion of privacy by intrusion upon seclusion.

The plaintiff is seeking an award of actual damages, exemplary damages, interest, attorney’s fees and court costs.

Osterberg is represented by Bonner C. Walsh of Walsh PLLC in Athens.

A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00096

setexasrecord.com

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