Collection agency sued for attempting to collect deceased man's debt

Michelle Massey, East Texas Bureau May 11, 2011, 10:43am

An Orange County resident has filed a lawsuit against a collection agency after the agency reported her deceased son's debt on her credit report.

Claiming violations of the Fair Debt Collection Practices Act and the Texas Debt Collection Practices Act, Karen Davis filed suit against RJM Acquisitions on April 27 in the Eastern District of Texas, Beaumont Division.

According to the lawsuit, Karen Davis is the payable-upon-death beneficiary for her son's checking account at Texas State Bank but was not an account holder.

She states the defendant attempted to collect a debt owed with regard to the account from her and reported the bank account as a joint account on her credit report. Davis sent Experian written communication notifying that the account was not a joint account but the account is still on her credit report.

The plaintiff is asking for an award of all actual damages, exemplary damages, emotional/mental anguish damages, statutory damages, attorney's fees, court costs, interest and economic damages.

Davis is represented by Dennis R. Kurz of Weisberg & Meyers in Houston. A jury trial is requested.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:11-cv-00201

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