HOUSTON – A Porter consumer alleges a debt collector attempted to collect an alleged debt that was legally unenforceable.
Jason Chism, individually and on behalf of all others similarly situated, filed a complaint on Sept. 12 in the Houston Division of the Southern District of Texas against Atlantic Recovery Solutions LLC, JTM Holdings II LLC and Does 1-25 alleging that they violated the Fair Debt Collection Practices Act and the Texas Debt Collection Act.
According to the complaint, the plaintiff alleges that in September 2017, he received letters from defendants attempting to collect on an alleged debt that was four years from the date of last payment, making it legally unenforceable due to lapse of time. The plaintiff alleges the letters did not disclose that the statute of limitations had run out on the alleged debt and that making any payment would restart the statute of limitations.
The plaintiff holds Atlantic Recovery Solutions LLC, JTM Holdings II LLC and Does 1-25 responsible because the defendants allegedly used a false, deceptive or misleading representation or means in violation of the FDCPA.
The plaintiff requests a trial by jury and seeks an order certifying this action as a class action and award for actual damages, incentive award to his for his services, attorney’s fees and cost and such other and further relief as may be just and proper. He is represented by Andrew T. Thomasson, Philip D. Stern and Francis R. Greene of Stern Thomasson LLP in Springfield, New Jersey.
Houston Division of the Southern District of Texas case number 4:18-cv-03237