BROWN v. OAKLAWN BANK

No. C-5323.

718 S.W.2d 678 (1986)

Herman BROWN and Thelma Jean Brown: Harry B. Friedman and Sherman A. Kusin, Sureties, Petitioners, v. OAKLAWN BANK, Respondent.

Supreme Court of Texas.

Rehearing Denied November 26, 1986.


Attorney(s) appearing for the Case

Harry B. Friedman, Harkness, Friedman & Kusin, Rick Rogers, Hall & Rogers, Texarkana, for petitioners.

John R. Morriss, Atchley, Russell, Waldrop & Hlavinka, Texarkana, for respondent.


WALLACE, Justice.

This case arises out of a bank error resulting in an overpayment of a closed account. The primary question presented is the extent to which a creditor may use the threat of criminal prosecution to procure payment of a debt under the Texas Debt Collection Act. TEX.REV.CIV.STAT. ANN. art. 5069-11.02 (Vernon 1986). In an unpublished opinion, the court of appeals affirmed the trial court's judgment that Oaklawn...

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