Bankrupt consumer blames debt collection agency

By Carol Ostrow | Jul 30, 2015

A Little Elm resident is suing a Kansas-based corporation doing business in Texas, alleging violations of the Fair Debt Collection Practices Act.

Edward William Guinn Jr. filed a lawsuit July 13 against Kansas Counselors Inc. in the Sherman Division of the Eastern District of Texas, alleging liability in a May attempt to collect a consumer debt from the plaintiff.

According to the suit, Guinn had filed a Chapter 7 bankruptcy in U.S. Bankruptcy Court, Northern District of Texas, on Jan. 31, 2014 and an order of discharge was entered in his case May 14, 2014.

The complaint states when the defendant placed a phone call to Guinn on May 28, 2014, in an attempt to collect an alleged debt, Guinn informed the caller of his bankruptcy status and gave the caller his attorney’s contact information.

The lawsuit states Kansas Counselors placed another call to Guinn on June 2. The plaintiff states he had been diagnosed with high blood pressure and that the defendant’s actions exacerbated his condition by causing stress, aggravation, emotional distress and mental anguish.

The plaintiff alleges Kansas Counselors damaged him and violated debt collection regulations by falsely representing the status or character of the alleged debt.

Guinn seeks actual damages, $1,000 in statutory damages, pre- and post-judgment interest, attorney fees, expenses and costs. He is represented by attorney Christopher Migliaccio of Allen Chern Law in Dallas.

Sherman Division of the Eastern District of Texas case number 4:15-cv-00476.

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