BROWNSVILLE – An El Campo consumer alleges a debt collector attempted to collect an alleged debt that was not enforceable.
Nick Hernandez, individually and on behalf of all others similarly situated filed a complaint on Dec. 18, 2017, in the U.S. District Court for the Southern District of Texas against Central Portfolio Control Inc. alleging that the debt collector violated the Fair Debt Collections Practices Act.
According to the complaint, the plaintiff alleges that on Dec. 27, 2016, he received an initial dunning letter from defendant seeking to collect an alleged debt that was more than four years old and past the statute of limitations to collect.
The plaintiff holds Central Portfolio Control Inc. responsible because the defendant allegedly wrongfully implied that the debt is legally enforceable by using the term "settlement" in the letter.
The plaintiff requests a trial by jury and seeks an order certifying this case as a class action and appointing plaintiff and his counsel as lead plaintiff and lead counsel respectively, award for damages, attorney's fees, costs and such other just and proper relief. He is represented by Daniel Zemel of Zemel Law LLC in Newark, New Jersey.
U.S. District Court for the Southern District of Texas case number 4:17-cv-03794