GALVESTON – Maria Tovar of Texas City claims a debt collection law firm placed harassing calls to her residential and cellular phone lines in an attempt to collect a debt she insists is not hers.
In a lawsuit filed Jan. 21 in the Galveston Division of the Southern District of Texas against Talbott, Adams & Moore Inc. of San Antonio, Tovar claims she explained to the debt collection agency that her wallet had been stolen in 2005 her personal information was used to incur a debt in her name.
"The plaintiff informed the defendant that the Bank of America debt they were trying to collect on was not her debt and not a debt she incurred," the original petition says.
"The defendant(s) threatened to ruin the plaintiff's credit rating if she did not pay the debt."
Tovar shows Talbott, Adams & Moore "were rude when speaking to the plaintiff, telling (her), 'It has to be you. It cannot be someone else's debt.'"
The suit lists five counts of alleged wrongdoing against the defendant, including invasion of privacy by intrusion into private affairs.
Tovar consequently seeks unspecified monetary damages and a jury trial.
She is represented by attorney Diana P. Larson of Houston.
U.S. District Court Judge Kenneth M. Hoyt is presiding over the case.
Case No. 3:11-cv-00052