Debt collection agency sued for filing lawsuit against wrong person

Michelle Keahey, East Texas Bureau Oct. 29, 2013, 9:00am

SHERMAN - A debt collection agency is sued for filing a lawsuit against a father instead of suing the son.

Nicolas Russu filed suit against Midland Funding and Midland Credit Management Inc. on Oct. 22 in Eastern District of Texas, Sherman Division. 

Russu states that Midland filed a collection lawsuit against him on Oct. 24, 2012, in Collin County Justice Court.  Midland had intended to sue Nicolas J. Russu Jr. not his father, Nicholas Russu, the lawsuit states.

The lawsuit was dismissed without prejudice to refiling on March 5, 2013. Russu attempted to have the cased dismissed with prejudice but was unsuccessful, according to court papers.

In addition, Russu states that he asked Midland to voluntarily remove the information from the public records, but Midland did not comply, the suit claims.

Midland is accused of violating the Fair Debt Collection Practices Act and the Texas Debt Collection Act.

The plaintiff is seeking an award of actual damages, statutory damages, injunctive relief, declaratory relief, exemplary damages, court costs, interest and attorney’s fees.

Russu is represented by Michael R. Sices of the Law Office of Michael R. Sices PC in Plano. A jury trial is requested.

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

Case No. 4:13-cv-00617

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