David P. Reiner II of Reiner & Reiner in Miami. Courtesy photo.

What began as a seemingly minor spat over fees in a debt collection case has ballooned into a motion for sanctions filed by clients of David P. Reiner II, of Reiner & Reiner in Miami, against Edoardo Meloni and his Plantation practice, The Meloni Law Firm, alleging “a pattern of misconduct” spanning more than four years of litigation in federal court.

According to Meloni and his firm, the move is a “tactic” designed to ramp up costs and “smear the defense with fabrications and half-truths which threaten to push this litigation into the darkest corners of unfair lawyering.”

The plaintiff's allegations include perjured testimony, bad faith litigation tactics and deliberate violations of the Court Scheduling Orders and Rules.

The motion accused Meloni of lying under oath about “a central issue” in the case and “misrepresenting his involvement” in his firm's attempts to collect debt from husband and wife plaintiffs Jorge A. Agrelo and Olga M. Fernandez.

Read the full sanctions motion here: 

The dispute began in April 2014 after the Meloni Law Firm had served as debt collector for the The Marbella Park Homeowners Association with which Agrelo and Fernandez had allegedly incurred debt with over a property in Homestead.

The couple disputed the debt, claiming they owed nothing to the association and paid their bills on time.

The original complaint alleged that Meloni charged Agrelo and Fernandez late fees, then claimed it wasn't his responsibility to check the numbers.

“The foundation of our motion is that (Meloni) lied to us four years ago,” Reiner said.

Meloni and the firm denied all allegations in its answer to the complaint and claimed they were not to blame for any errors.

“Plaintiffs' motion for sanctions is the latest in a series of motions filed by plaintiffs, nearly all of which have been denied or stricken by the court, oftentimes due to plaintiffs' counsel violating court orders. We strongly disagree with the allegations in the motion for sanctions and will be filing a response detailing our position,” said Dale T. Golden of Golden Scaz Gagain in Tampa, who represents Meloni.

Golden added that “it would be improper to litigate the case in the media” and urged that the entire record of the case be considered without relying on “the outrageous allegations in the motion for sanctions.”

Photo: royalty free.

Click here to read the defense's answer to the complaint

When the case began, Meloni claimed he relied on his client to determine the amount due. According to Meloni, the other litigants in the case, Marbella Park and debt collector Affinity Management Services, bore the responsibility of ensuring fees were correct.

The two parties has since settled, leaving Meloni as the last defendant standing.

According to Reiner, a recent deposition taken from a collection agent at Meloni's office revealed that the firm did check the fees to ensure they were correct — something Reiner said ”was completely at odds with what Meloni had said four years ago.”

Though Reiner admitted that the numbers ”weren't hugely incorrect,” he said the problem was that Meloni and his firm ”were trying to collect late fees that were larger than they were allowed to collect under the association document.”

The motion alleged, for example, that instead of collecting $11.50 in late fees after the 10th day of every month, the firm attempted to collect two late fees of $25.

Reiner also claimed the firm tried to collect late fees for assessments that weren't due yet.

Both parties have accused one another of dragging their feet throughout four years of litigation.

According to Reiner, Meloni's decision to “deny everything” from the start was what caused delay.

“(Meloni) asked for something called strict proof thereof, which means that my clients had to prove every single allegation, including where they lived. That's what multiplied these proceedings. It was the fact that my clients had to expend all of their time, effort and money proving the most mundane allegations in the complaint, simply because Meloni denied everything,” Reiner said.

But the way Meloni sees it, the plaintiffs ”seek to keep this litigation afloat” by making ”unsupported allegations of litigation wrongdoing by Meloni and Meloni's counsel and by distorting or mischaracterizing the record.”

As Reiner awaits a response from the defense, he said he'll let the court decide what the fees and damages should be.

“We just want the court to say at this point, 'enough is enough' and to strike their pleadings and enter a default as to liability,” Reiner said.

The motion has been referred to a magistrate judge for disposition.

A jury trial is set in federal court this December.

 

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