NEW ORLEANS - A New Orleans resident has filed a lawsuit against a debt collector claiming the company violated federal law by threatening to file a lawsuit.
Andrew Izworski filed suit against Performant Recovery Inc. and Does 1 through 10 inclusive on Aug. 13 in federal court in New Orleans.
According to the lawsuit, the defendant demanded that the plaintiff pay $27,000 within two days or it was going to take legal actions. Izworski argues that the defendant did not have standing to commence legal proceedings on behalf of the creditor and the representations about the legal actions were false.
“The natural consequences of Defendant’s statements and actions were to unjustly condemn and vilify Plaintiff for his non-payment of the debt he allegedly owed,” the lawsuit states.
The defendant is accused of violating the Fair Debt Collection Practices Act, which prohibits debt collectors from engaging in abusive, deceptive, and unfair practices.
The plaintiff is seeking an award of actual damages, statutory damages, court costs, attorney’s fees and interest.
Izworski is represented by Nicholas M. Graphia of the Law Office of Nicholas M. Graphia in Baton Rouge. A jury trial is requested.
U.S. District Judge Sarah S. Vance is assigned to the case.
Case No. 2:13-cv-05425