Debt collector sued by couple for allegedly trying to collect debt included in bankruptcy petition

By Dan Harkins | Jul 23, 2015

A McKinney couple going through bankruptcy is suing a debt collector for allegedly causing them anxiety and work-related stress.

Donald Ray and Marissa Adele Womble filed a complaint July 22 in U.S. District Court for the Eastern District of Texas, Sherman Division, against National Credit Systems Inc.

On Sept. 23, 2014, the Wombles filed for Chapter 7 bankruptcy, the lawsuit states, in the U.S. Bankruptcy Court for the Eastern District of Texas, but an order of discharge was entered into the case on Jan. 12, 2015. The defendant, on Jan. 30, 2014, for The Boulevard, sent a collection notice to the plaintiffs to collect a debt that was included in the plaintiff's bankruptcy petition.

According to the lawsuit, the defendant damaged the plaintiffs by attempting to collect the debt, increasing their anxiety and stress.

As a result, the lawsuit states, Marissa Womble alleges to have difficulty sleeping, requiring her to take over-the-counter sleep aids. She also alleges to have been threatened with being fired at work for being "constantly distracted." The plaintiffs also complain of losing their appetites and suffering aggravation, emotional distress and mental anguish, the lawsuit states.

The plaintiffs, alleging violations of the Fair Debt Collection Practices Act, ask the court for a jury trial and to award unspecified actual and $5,000 in statutory damages, as well as attorneys' fees and court costs.

The plaintiffs are represented by Christopher M. Migliaccio of Allen Chern Law LLC in Dallas.

U.S. District Court for the Eastern District of Texas, Sherman Division, case number 4:15-cv-00496.

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