SHERMAN - A Sulphur Springs woman has filed a lawsuit against a debt collection agency claiming that the debt collector violated federal law by threatened to garnish her wages and seize her assets.
Lena Noble filed suit against Commercial Recovery Systems Inc. on April 8 in the Eastern District of Texas, Sherman Division.
Noble allegedly incurred a financial obligation in the amount of $3,000 to Citi Financial and the debt was purchased or assigned to the defendant for collection.
According to the lawsuit, the defendant began calling Noble’s mother-in-law in an attempt to collect the debt. During the conversation, the defendant falsely stated that it had a warrant for Noble’s arrest and that she would go to jail if the debt was not paid immediately.
Noble returned the defendant’s phone call and the defendant threatened to garnish her wages and freeze her assets. The lawsuit states that the defendant did not have the ability or legal authority to garnish her wages or bank account.
The defendant is accused of violating the Fair Debt Collection Practices Act and the Texas Debt Collection Act by engaging in behavior that harasses, oppresses, or abuses the plaintiff in connection with the collection of a debt.
The plaintiff is seeking an award of actual damages, statutory damages, court costs, attorney’s fees and punitive damages.
Noble is represented by Jody B. Burton of Lemberg & Associates L.L.C. in Stamford, Conn. A jury trial is requested.
U.S. District Judge Richard A. Schell is assigned to the case.
Case No. 4:13-cv-00205