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
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 email@example.com