Creditor sued for not contacting debtor's attorney
MARSHALL-A Missouri creditor is being sued for violations of the Fair Debt Collection Practices Act after one of its collectors refused to contact a debtor's attorney.
The debtor, Sarah Darnell, filed suit against Client Services Inc. on Aug. 27 in the Eastern District of Texas, Marshall Division.
Darnell states she started receiving calls from one of Client Services's agents in regard to an alleged debt owed to Sears in April.
She claims the agent told her that if she failed to make a payment on a $1,364 debt that Client Services would begin to garnish her wages.
Darnell states that she told the agent that she had hired the law firm of Persels & Associates to help her with debt settlement and that the collector should call the law firm directly.
According to the lawsuit, the defendant's agent said he would not contact the law firm and threatened to contact Darnell's employer.
Darnell ended the phone call but states she continues to receive calls from the collector.
"The Defendant acted in a false, deceptive, misleading and unfair manner when it engaged in conduct the natural consequence of which is to harass, oppress or abuse such persons in connection with the collection of a debt," the lawsuit states.
The lawsuit accuses the collector of acting in a malicious, intentional, willful, reckless and negligent manner in wanton disregard for federal and state law and the rights of Darnell.
The plaintiff is seeking actual damages, statutory damages, attorney's fees, litigation expenses and costs of suit.
Darnell is represented by Texarkana attorney Jasmine Crockett. Jury trial is requested.
Court assignment is pending.
Case No. 2:10cv00323