Virginian law firm sued for attempting to collect debt in Texas

Michelle Keahey, East Texas Bureau Dec. 3, 2012, 2:44pm

SHERMAN - After attempting to collect a debt from a Collin County resident, a Virginian law firm has been sued for not paying the appropriate bond with the Texas Secretary of State in violation of federal law. 

Jeremy Painkin filed suit against Dominion Law Associates on Nov. 27 in the Eastern District of Texas, Sherman Division.

Painkin states that the defendant attempted to collect a debt for Capital One Bank by contacting him at his Texas address.

According to the lawsuit, the defendant does not have a bond with the Texas Secretary of State and therefore, cannot legally collect a debt in Texas.

“Defendant is also misleading Plaintiff that they are in good standing with the State of Texas to collect debts and that they can legally collect debts in Texas, violating the Federal Fair Debt Collection Act,” the lawsuit states.

Painkin argues that the Defendant’s actions are malicious, willful, and negligently violating the Fair Debt Collection Act.

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

Painkin is represented by Hurst attorney Dennis McCarty. A jury trial is requested.

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

Case No. 4:12-cv-00735

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