Fill and Sign the Complaint Petition or Declarationharassing and Malicious Telephone Calls Regarding Debtinvasion of Right of Privacyfor Form

IN THE ____________________COURT OF __________________________ (County), _________________________________ (State)__________________________________________ PLAINTIFF(Name of Plaintiff)V.CAUSE NO. ______,_________________________________________________ DEFENDANTS(Names of Defendants) COMPLAINT COMES NOW ____________________________________ (Name of Plaintiff) , Plaintiff in the above-styled and numbered cause, by and through his attorneys, and files this his Complaint against Defendants, ________________________________________ ______________________________________________ (Names of Defendants) , and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff is an adult resident citizen of ___________________________________ ____________________________________________________ (city, county, state). 2. Defendant A _________________________________________________ (name of corporation), is a corporation organized and existing under the laws of _________________________________ (name of state), engaged in the business of a collection agency, with its principal place of business located at ________________________________________________________________________ ________________________________________________________________________ _____________________________ (street address, city, county, state, zip code). 3. Defendant B ___________________________________________________ (name of corporation), is a corporation organized and existing under the laws of ______________________________ (name of state), engaged in the business of owning and operating department stores, with its principal place of business located at ________________________________________________________________________ __________________________________________________________________________________________________ (street address, city, county, state, zip code). 4. Defendant A was the agent of Defendant B, and in doing the things hereafter alleged, was acting within the course and scope of that agency and employment. 5. From time to time during _____________ (year), Defendant B sold merchandise to plaintiff on credit. Plaintiff always made timely payments under the various credit agreements, although plaintiff did make a late payment on ___________________________________ (date). 6. On or about _________________________________ (date), for reasons not known to plaintiff, Defendant B turned over the account of plaintiff to Defendant A for collection. 7. Commencing in __________________________________ (month, year), and continuing and increasing up to and including __________________________________ (date), Defendant A, through its agents or employees acting in the actual scope and course of their employment, did make damaging, threatening, harassing, and malicious telephone calls to plaintiff's residence, and demanded payment in full of plaintiff's credit account. Plaintiff repeatedly informed Defendant A’s agents or employees that plaintiff was paid up in full as of the last installment due and would continue to make timely payments under the credit agreement with Defendant B. After this information was imparted to Defendant A’s agent or employee, the agent or employee would become abusive and use vile language and inform plaintiff that if plaintiff failed to pay the outstanding balance in full, plaintiff would be sued for that amount and attorney fees and costs. Thereafter, the agent or employee continued to use vile and abusive and threatening language. Subsequently, many additional telephone calls to plaintiff's residence were made by Defendant A’s employee, between 11:00 P.M. and 5:.00 A.M. at other times of the day and night, and always in an abusive, harassing, malicious, and threatening manner, maliciously and unlawfully violating plaintiff's right of privacy. 8. These telephone calls by Defendant A have continued and increased and are being made in the late hours at night, and arouse plaintiff out of plaintiff's sleep and humiliate plaintiff even after plaintiff has made repeated demands that Defendant A’s agents or employees desist from making the calls. Such telephone calls have caused plaintiff to lose sleep and as a result plaintiff is unable to perform plaintiff's work properly. The telephone calls have caused plaintiff to become nervous and suffer much in plaintiff's private life. The vile telephone calls have been made while plaintiff's friends and neighbors were present and for that reason, plaintiff has been humiliated and caused to become emotionally upset. 9. That the aforesaid actions of Defendants were in gross violation of the federal Fair Debt Collection Practices Act (15 U.S.C. 1692, et. seq.) 10. As a proximate result of these abusive telephone calls, coupled with the language used, made to the plaintiff by Defendant A through its agents or employees in the actual scope and course of their employment, plaintiff has been damaged by the violation of plaintiff's privacy in the amount of _______________________ (dollar amount), actual, and ___________________________ (dollar amount) in punitive damages.WHEREFORE, plaintiff requests judgment against Defendants, and each of them, for:1. Actual damages in the amount of _______________________ (dollar amount);2. Punitive damages in the amount of _______________________ (dollar amount).3. Interest on such damages as allowed by law; 4. Costs of suit; and5. Such other and further relief as the court deems just and proper.Respectfully submitted on this __________________________________ (date) . ____________________________________ (Name of Plaintiff) By: ________________________________ (Name of Plaintiff’s Attorney) State Bar No. ________________ His Attorney OF COUNSEL: ________________________________________________(Name of Plaintiff’s Attorney)Post Office Box _________-_________City, State, Zip Code ______________________________________________________Telephone: ________-________-__________