A class-action lawsuit has been filed in Florida against a pair of debt collectors accused of violating the Fair Debt Collection Practices Act by not properly serving individuals with notifications that they were being sued for unpaid debts.
A copy of the complaint in the case of Sharon Silberman, also known as Sharon Ashkenazi v. Pollack & Rosen and Midland Funding can be accessed by clicking here.
The plaintiff incurred a credit card debt which was purchased by Midland Funding and placed with Pollack & Rosen for collection. Last month, the plaintiff received a notice that her wages from her place of employment were going to be garnished as a result of a default judgment that had been entered against her. In researching the suit that was filed against her, the plaintiff learned that the suit was filed in 2010. The plaintiff claims that she resided outside of the country between 2010 and 2015 and could not have received the summons.
The plaintiff in her complaint is accusing the defendants of “sewer service,” where a process server claims to have served a lawsuit to an individual when, in fact, the server did not do so.
The plaintiff is accusing the defendants of violating Section 1692e(2)(a) of the FDCPA, which prohibits falsely representing the character, amount or legal status of the debt, and Section 1692f of the FDCPA, which prohibits using any unfair or unconscionable means in connection with the collection of any debt.
The class seeks to include any resident of the state of Florida who had a default judgment entered against himself or herself because the individual did not receive proper notification of a lawsuit being filed.
