Frisco couple says debt collector continues contact despite bankruptcy

Michelle Keahey, East Texas Bureau Sep. 16, 2013, 12:08pm

SHERMAN - A Frisco couple has filed a lawsuit against a debt collector claiming it violating federal law by attempting to collect on a debt that was discharged in bankruptcy proceedings. 

Cuneyt Sarikaya and Rose Sarikaya filed suit against Ocwen Loan Servicing on Sept. 9 in the Eastern District of Texas, Sherman Division.

According to the lawsuit, Cuneyt Sarikaya filed bankruptcy around March 2009 and Rose Sarikaya filed bankruptcy around August 2008.

Prior to the plaintiffs' bankruptcy cases, the defendant filed claims against them in an attempt to collect a consumer debt allegedly owed by them.  The plaintiffs listed the claims on their bankruptcy petitions as unsecured claims and they were discharged in the bankruptcies.

According to the lawsuit, the discharged orders terminated any rights the defendant had against the plaintiffs with respect to the underlying debts.

Following the bankruptcies, the defendant attempted to collect upon the underlying debts against the plaintiffs in violation of federal law, the suit claims.

The defendant is accused of violating the Fair Credit Reporting Act for violating the bankruptcy discharge and violating the Texas Debt Collection Act.

The lawsuit is seeking an award of actual damages, statutory damages, punitive damages, court costs, interest and attorney’s fees.

The plaintiffs are represented by James J. Manchee and Marilyn S. Altamira of Manchee & Manchee in Dallas. A jury trial is requested.

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

Case No. 4:13-cv-00513

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