Debt collector is sued after calling debtor abusive names

Michelle Massey, East Texas Bureau Nov. 29, 2010, 10:10am

A debt collection agency is being sued after one of its debt collectors allegedly referred to the debtor as a "lowlife."

Tommy Hubert filed suit against Capital Management Services on Nov. 18 in the Eastern District of Texas, Beaumont Division.

Hubert states the defendant called his home after 9 p.m., a time which was inconvenient, and called Hubert a "lowlife S.O.B."

The plaintiff states he has been called the abusive name after he repeatedly refused to pay any monies towards the debt as the alleged debt is more than 15 years old.

Hubert claims that Capital Management made multiple phone calls regarding the debt and made false representations about the debt.

"Defendant's actions were done maliciously and in willful, wanton and reckless disregard for the rights of the Plaintiff," the lawsuit states.

The defendant is accused of violations of the Fair Debt Collection Practices Act, the Texas Debt Collection Practices Act and the Deceptive Trade Practices Act.

Hubert is asking for an award of statutory and actual damages, attorney's fees and interest and for an injunction prohibiting Capital management from continuing the behavior.

Hubert is represented by Dennis R. Kurz of Weisberg & Meyers in Houston.

Jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 1:10-cv-00741

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