Debt collection company sued for threatening wage garnishment
SHERMAN - A debt collection company is being sued for allegedly threatening to garnish the wages of a consumer and the consumer's mother if they failed to pay back the money they owed.
Claiming violations of the Fair Debt Collection Practices Act, Jonathan Grady Nokes filed suit against Plaza Associates Inc. on July 20 in the Eastern District of Texas, Sherman Division.
Nokes states that the defendant began placing collection calls in April regarding the debt. The collection company stated that if he did not pay the debt they would garnish his wages and his mother's wages. According to the lawsuit, the defendant also stated it would take legal action against Nokes.
The defendant is accused of violating the Fair Debt Collection Practices Act by harassing, oppressing, or abusing Nokes in connection with the debt, using false, deceptive, or misleading representation in connection with the debt, giving false implication that the nonpayment of the debt will result in garnishment of wages, for threatening to take legal action that it does not intend to take, and for using unfair or unconscionable means in connection with the debt.
The plaintiff is seeking an award of actual damages, statutory damages, costs, interest and attorney's fees.
Nokes is represented by David Lilley of Alex Simanovsky & Associates in Wichita Falls. A jury trial is requested.
U.S. District Judge Richard A. Schell is assigned to the case.
Case No. 4:11-cv-00456