Lawsuit summons. Photo: ShutterstockLaw Firm Accused of 'Sewer Service' — Covertly Obtaining Default Judgments Against Defendants
The suit alleges that the firm—which has offices in Florida, Georgia and Alabama—and debt buyer Midland Funding violate consumers' rights during debt collections.
September 05, 2018 at 01:42 PM
3 minute read
The original version of this story was published on Daily Business Review
A Florida 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:
[falcon-embed src="embed_1"]
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.
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