A Plano man is suing a Houston-based commercial collections agency, alleging he received a collection letter despite having filed for Chapter 7 bankruptcy.
Danny J. Burns filed a lawsuit July 30 in the Sherman Division of the Eastern District of Texas against Greenberg, Grant & Richards Inc., alleging violations of the Fair Debt Collection Practices Act.
According to the complaint, the defendant allowed a collection notice on behalf of TriEagle Energy to be sent to Burns' home address in Plano. The suit states the collection notice was dated July 1, and sent roughly two months after Burns filed a Chapter 7 bankruptcy petition. Moreover, the alleged debt was included in the petition and court records confirm that TriEagle Energy was given notice of Burns' bankruptcy case through first class mail, the lawsuit states.
The suit says the defendant engaged in actions that would harass, oppress and/or abuse Burns with regards to collecting an alleged debt. Additionally, the suit alleges the defendant used deceptive and misleading means in the attempt to collect the debt.
The lawsuit says as a result of the collection notice being sent, Burns, who is a disabled veteran and suffers from post-traumatic stress disorder, had to increase his dosage of an anxiety medication.
The plaintiff alleges he has and will continue to experience stress, mental anguish, aggravation and emotional distress.
Burns seeks $1,000 in statutory damages, plus actual damages, attorney fees and court costs, plus and other relief deemed appropriate by the court. He is represented by attorney Christopher M. Migliaccio of Allen Chern Law in Dallas.
Sherman Division of the Eastern District of Texas case number: 4:15-cv-00517.