Law Firm Accused of 'Sewer Service' — Covertly Obtaining Default Judgments Against Defendants
Broward attorney Justin Zeig filed a class action lawsuit against the Pollack & Rosen firm in the Southern District of Florida Monday. The suit alleges that the firm and debt buyer Midland Funding violated consumers' rights during debt collections.
September 05, 2018 at 01:42 PM
3 minute read
Lawsuit summons. Photo: Shutterstock
A Miami-Dade woman and her attorney have filed a proposed federal class action suit against a debt collection law firm and debt buyer, alleging they acted illegally.
Plaintiff Sharon Silberman — also referred to as Sharon Ashkenazi in the filing — is accusing law firm Pollack & Rosen, more than 20 John Does and debt collection agency Midland Funding LLC of violating the Fair Debt Collection Practices Act.
Pollack & Rosen has Florida operations in Coral Gables and West Palm Beach, as well as offices in Birmingham, Alabama, and Kennesaw, Georgia.
But the complaint, filed in the Southern District of Florida by her attorney Justin Zeig, accuses the defendants of using ”false, deceptive or misleading representation” and ”unfair or unconscionable means” in collecting the debt from Silberman.
The suit proposes a plaintiff class that would include Florida residents who have had legal action taken against them by Pollack & Rosen and have received “a default judgment due to lack of proper service on a consumer” one year prior to Silberman's lawsuit, or 21 days after.
Read the putative class action lawsuit here:
As outlined in the filing, the inciting incident took place in August, when Silberman was notified that her wages would be garnished by Pollack & Rosen after a creditor won a judgment against her in a collection lawsuit. Her complaint states she was never aware of any such suit, nor had she been notified of a complaint, summons or subsequent judgment.
Upon investigation, Silberman claims she learned she had been sued in 2010 over personal credit card debt years earlier. However, the complaint alleges it would have been impossible for her to receive any notice of the suit since she resided outside of the U.S. between 2010 and 2015.
The complaint refers to this practice of suits being filed without notice as “sewer service” — an attempt to speedily and covertly obtain default judgments against defendants.
Related: Is Your Business a Debt Collector?—If So, Watch Out
Pollack & Rosen ultimately received a default judgment against Silberman. But now the debtor is claiming that she and others have been damaged as a result of the “defendants' deceptive, misleading and unfair debt collection practices.”
The case is being presided over by U.S. District Judge Kathleen M. Williams, and a summons has been issued to the defendants.
Zeig, who operates as a private practitioner in Hollywood, declined to comment for this story. Pollack & Rosen attorneys and Midland Funding representatives did not respond to requests for comment by press time.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Miami Judge Approves Shaq's $11 Million Settlement to Resolve Astrals Investor Claims
3 minute read
A Voyeur Videotaped Them Undressing. Should Cruise Ship Passengers Have to Arbitrate?
3 minute read
Data Breach Lawsuit Against Byte Federal Among 1,500 Targeting Companies in 2024
4 minute readTrending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
