GRETNA – A man is suing a debt collector claiming it did not fulfill a legal duty to inform him of a lawsuit on an open account before securing default judgment.
Barry Woods Sr. filed suit against Midland Funding LLC and Atlantic Credit & Finance Inc. in the 24th Judicial District Court on March 7.
Woods asserts that on Oct. 3, 2006 the defendants sent a petition on an open suit for credit card debt they had filed against him in the 29th Judicial District to an address he had not lived at for six years. The plaintiff alleges that on March 3, 2008 another petition was sent to the home of his son Barry Woods Jr. who disregarded the notice. Woods claims that despite never receiving notice of the lawsuit a default judgment in the amount of $6,944.70 was entered against him.
It was not until Midland Funding attempted to garnish Woods’s wages and seize his bank account on March 8, 2013 that he claims to have learned about the judgment. The plaintiff alleges that the defendants are wrongfully requesting he pay them $13,651.62.
The defendants are accused of violating the Louisiana Unfair Trade Practices Act and Consumer Protection Act and breach of good faith.
An unspecified amount in damages is sought for full compensation and attorney’s fees.
Woods is represented by Patrick B. Sanders of the Law Office of John W. Redmann LLC of Gretna.
The case has been assigned to Division N Judge Stephen D. Enright Jr.
Case no. 736-233.