By: Robert J. Nahoum
RECENT VICTORY:
Our client recently discovered a default judgment entered against her in the Supreme Court Suffolk County in 2007 by junk debt buyer Midland Funding when she was subpoenaed to appear at a debtor exam deposition.
After consulting with our firm, we were retained and were successful in settling the case for a fraction of the judgment amount and having the default judgment voluntarily vacated and the entire case dismissed. We were able to show Midland Funding’ attorneys Eltman Law that our client was living at a different address then where they claimed to have served her.
THE RULE:
According to New York State law, before a court can render a judgment against you, it must first acquire PERSONAL JURISDICTION over you. Personal jurisdiction is obtained by serving you with a summons and complaint; but, you must be properly served. Here are the ways you can be served:
- Personal Service – delivering a copy of the summons and complaint to you personally;
- Suitable Age and Discretion Service – delivering a copy of the summons and complaint to someone in your home of “suitable age and discretion†(someone competent enough to pass the papers on to you);
- Nail and Mail – After at least two failed attempts at personal or suitable age and discretion service, the process server may post a copy of the summons and complaint to the door and mail a copy to your last known address.
THE SOLUTION:
A default judgment can be reversed or “vacated†if the consumer can show that (1) the affidavit of service is bogus or (2) that he or she has (a) a defense to the case (like “I don’t owe the moneyâ€, “I don’t owe that much money†or “I don’t know who the plaintiff isâ€); and (b) a reasonable excuse for defaulting (like “I didn’t know I had been suedâ€).
If a consumer can show that the affidavit of service is bogus, the court must vacate the judgement and dismiss the case. If the consumer can’t convince the court that the affidavit of service is bogus but can show a defense and a reasonable excuse for defaulting, the case may return to the beginning and the consumer will be given the chance to answer the complaint and mount a defense.
WHO IS MIDLAND FUNDING?:
Midland Funding is an infamous “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar.  The debt buyers then try to collect the full amount from consumers, plus interest, penalties, late fees, overdraft fees, attorney’s fees and whatever other kinds of fees they can dream up.
Midland Funding is an accused notorious violator of federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA) and is sued regularly by consumers for these violations. The FDCPA generally prohibits the use of false, deceptive and harassing debt collection tactics. If a debt collector violates the FDCPA, it can be sued for statutory damages up to $1,000.00, actual damages (like pain and suffering) and the debt collector may have to pay for the consumer’s attorney.
Midland Funding was represented by debt collection mill Eltman Law (formerly known as Eltman, Eltman and Cooper). Like, Midland Funding, Eltman Law has been accused of and sued for violating the FDCPA.
WHAT YOU SHOULD DO:
If you’ve been sued by Midland Funding in a debt collection lawsuit, consider hiring a qualified attorney experienced in debt defense. The Law Offices of Robert J. Nahoum, P.C. routinely represents consumers in debt collection lawsuits brought by debt buyers like Midland Funding in New York and New Jersey.
As with all of our debt defense cases, The Law Offices of Robert J. Nahoum, P.C. analyzes debt collection cases brought by debt buyers to determine if any violations of the FDCPA have occurred. If so, we recommend to our clients that suit be brought in Federal District Court on behalf of the consumer and against the debt buyer.
If a debt buyer like Midland Funding violates the FDCPA, you can sue it for statutory damages up to $1,000.00 plus actual damages (like pain and suffering) and your attorney’s fees. In FDCPA cases, The Law Offices of Robert J. Nahoum, P.C. doesn’t charge our clients a penny out of pocket.
If you need help settling or defending a debt collection law suit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you. With office located in the Bronx, Brooklyn and Rockland County, the Law Offices of Robert J. Nahoum defends consumers in debt collection cases throughout the Tristate area including New Jersey.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com
[email protected]