August 28, 2013

Denton Co. woman sues debt collector after threats to seize assets

SHERMAN – A Denton County woman has filed a lawsuit against a debt collector claiming that the company threatened to seize her assets in order to cause her mental distress.

Michelle Morrison filed suit against Performant Recovery Inc. and Does 1 through 10, inclusive on Aug. 21 in the Eastern District of Texas, Sherman Division. girl-mad-phone

Morrison claims that the defendant contacted her and threatened to seize her assets. She argues that the consequences of the defendant’s statements were to “unjustly condemn and vilify” her for non-payment, to produce an unpleasant and hostile situation, and to cause her mental distress.

The defendant is accused of violations of the Fair Debt Collection Practices Act, which prohibits debt collectors from engaging in abusive, deceptive and unfair practices. The defendant is also accused of violating the Texas Fair Debt Collection Practice Act.

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

Morrison is represented by Kimberly A. Lucas of Kyle & Mathis LLP in Dallas. A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:13-cv-00480

setexasrecord.com

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