A man is suing a collection firm tasked with collecting a long-overdue court judgment against him by allegedly overstating the debt amount.
Robbie Rojas filed a complaint July 22 in U.S. District Court for the Southern District of Texas, Houston Division, against Eltman, Eltman and Cooper PC.
Rojas, of Harris County, filed this lawsuit against the defendant collection agency for collecting a credit card debt owed by the plaintiff in way that allegedly violated the Fair Debt Collection Practices Act, the Texas Debt Collection Act and the Texas Deceptive Trade Practices Act's Business and Commerce Code.
On March 29, 2006, Great Seneca Financial Corp. filed a lawsuit against Rojas, and on June 30, 2006, Great Seneca received a judgment for Rojas to pay $10,406.86, plus $1,808.23 in interest and attorneys' fees of $1,561.03.
On Dec. 19, 2014, the defendant EEC assumed the judgment in an effort to collect the debt, and during the subsequent year, the lawsuit states, it attempted to collect the debt by "misstating the balance awarded in the judgment," which violated the aforementioned laws.
The plaintiff seeks unspecified actual, statutory and exemplary damages, plus court costs and attorneys' fees. He is represented by Daniel J. Ciment and James B. Heston of Heston, Ciment PLLC in Katy.
U.S. District Court for the Southern District of Texas, Houston Division, case number 4:15-cv-02106.