February 19, 2012

Debt collection agency sued for threatening to put lien on Marshall woman’s property

MARSHALL – A Marshall woman has filed a lawsuit claiming that a debt collection agency repeatedly called her at work and threatened to put a lien on her property if she did not repay her debt. Citibank Visa

Becky Byassee filed suit against Portfolio Recovery Associates on Feb. 11 in federal court in the Marshall Division of the Eastern District of Texas.

The lawsuit involves a debt arising from a Citibank Visa card. According to the lawsuit, between February and September of 2012, the defendant placed repeated telephone calls to Byassee’ work and home telephone number.

Byassee states she has asked the defendant to stop calling, but the calls continued.

“Defendant’s collectors threatened to put a lien on Plaintiff’s property, and threatened her with a lawsuit,” the lawsuit states.

The defendant is accused of violating the Fair Debt Collection Practices Act, Texas Fair Debt Collection Act, the Texas Finance Code and the Telephone Consumer Protection Act.

The plaintiff is seeking an award of actual damages, statutory damages, attorney’s fees, court costs, consequential damages and punitive damages.

Byassee is represented by Amy L. Bennecoff of Kimmel & Silverman PC in Ambler, Penn. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00113