Debt collection company sued over lawsuit threat
An Orleans Parish resident has filed a lawsuit against a debt collection agency after she received a voicemail which stated she was going to be served with a lawsuit regarding a debt.
Claiming violations of the Fair Debt Collection Practices Act, Laura Michaud filed suit against Unified Asset Solutions on Feb. 24 in federal court in New Orleans.
According to the lawsuit, a collector for the defendant called Michaud's home and left her a voicemail regarding service of a process for a civil complaint. She states the voicemail said that if she was not at home and available for service then the service would be completed at her place of employment.
Fearing embarrassment, Michaud stayed at her home in order to receive the complaint. However, she states no one attempted service of any type.
She argues that the defendant was threatening legal action, without actually intending to do so, in violation of the Fair Debt Collection Practices Act.
The defendant is accused of unfair debt collection, intentional infliction of emotional distress and invasion of privacy.
Michaud is asking for an award of actual damages, statutory damages, attorneys' fees, costs and expenses.
The plaintiff is represented by New Orleans attorney Marc R. Michaud. A jury trial is requested.
U.S. District Judge Carl J. Barbier is assigned to the case.
Case No. 2:11-cv-00460