HOUSTON – A Fulshear consumer alleges a debt collector threatened to take actions that are barred under Texas law.
Cathey Hartz filed a complaint on Aug. 30 in the Houston Division of the Southern District of Texas against the Financial Credit Service Inc., doing business as Asset Recovery Associates Inc., et al. alleging that they violated the Fair Debt Collection Practices Act and the Texas Deceptive Trade Practices Act.
According to the complaint, the plaintiff alleges that in the late summer of 2017, she began receiving communications from defendants stating that she owed $22,458.27 on a First USA Visa credit card. She alleges this debt was discharged in 1999 in a bankruptcy entered in the Southern District of West Virginia.
The plaintiff holds the defendants responsible because the defendants allegedly violated the FDCPA by threatening her with a lawsuit and made false representations that they would freeze her bank accounts and file liens against her despite knowing these actions are time barred under Texas law.
The plaintiff requests a trial by jury and seeks all damages, costs, attorney's fees, punitive and exemplary damages and such other and further relief as may be just and proper. She is represented by Dana Karni and Zachary McArthur of Karni Law Firm PC in Houston.
Houston Division of the Southern District of Texas case number 4:18-cv-03017