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Blog

  • 11 Jun

    Midland Funding Lawsuit Settled for Just $355

    June 11th, 2017

    Our client was served with a lawsuit in Fort Lauderdale by Midland Funding claiming to be the assignee of a Synchrony Bank/Old Navy credit account.  Midland funding was represented by Cooling & Winter debt collection law-firm.  The debt lawsuit was in Broward county and for over $3,000.  Although our client wasn't sure she wanted to fight the case, we discussed her case and she decided she would fight the case.  Since this was in small claims court, we first went in for the pretrial conference,  At that time opposing counsel made an offer of ...

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  • 26 Mar

    UPDATE - CACH LAWSUIT DISMISSED

    March 26th, 2017

    We previously blogged about our client who found out she had a judgment against her from a 2007 Cach, LLC Miami lawsuit.  Client had no knowledge of the case and denied being served with the lawsuit.  Our office filed a Motion to Quash Service of Process and Vacate Final Default Judgment.  After an evidentary hearing, the court granted our motion.  

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  • 15 Mar

    Portfolio Recovery Lawsuit DISMISSED

    March 15th, 2017

    Our office was recently retained by a client who was sued in Miami Dade by Portfolio Recovery Associates LLC for a credit card debt.  She informed us of some personal issues she was having that resulted in her not being able to keep up with some of her debt payments.  Many of her debts were sold and transferred between different debt collectors.  Our office immediately went to work reviewing her case and noticed numerous issues with the lawsuit and exhibits attached.  We've also litigated and sued Portfolio Recovery Associates on numerous other cases and ...

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  • 27 Feb

    10 Year Old Judgment Vacated

    February 27th, 2017

    A few times a month my office receives a call from a potential client who finds out their wages are being garnished or their bank account has been frozen and they have no idea why.  The only way for that to occur is either the government or more commonly through a judgment and court order.  In almost all these cases, the Defendant claims they were never served with a lawsuit.  If a person was never properly served with a lawsuit, the judgment would be invalid - assuming the correct steps are taken.  The problem that arises ...

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  • 26 Feb

    $1,615.90 Portfolio Recovery Associates Lawsuit Dismissed

    February 26th, 2017

    A returning client of ours recently was served with a Broward County debt lawsuit filed by Portfolio Recovery Associates LLC.  Although the amount of the lawsuit wasn't a huge amount of money, we were pretty confident that we could get the client a good outcome and save her money.  Since her other case resulted in a dismissal, we felt the bar was set high in this new case.  The case was in small claims court where more lenient rules of procedure apply, yet we felt confident that we could take on Portfolio Recovery Associates attorneys, Hayt, Hayt, ...

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  • 23 Feb

    What Is a Miami Default Judgment

    February 23rd, 2017

    What is a Default Judgment?As a Miami debt defense lawyer, I get a lot of questions about default judgments, such as what may happen if a defendant doesn't answer a lawsuit or a defendant just learned there is a judgment against him or her and wants to know how it happened and what can be done.  Florida Rules of Civil  Procedure 1.500 states: Defaults and Final Judgments Thereon(a) By the Clerk. When a party against whom affirmative relief is sought has failed to file or serve any paper in the action, the party seeking relief may ...

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  • 22 Feb

    $9,727.09 Student Loan Lawsuit Dismissed

    February 22nd, 2017

    Our client and his mother were sued by National Collegiate Student Loan Trust alleging they owed $9,727.09 for an old student loan.  The case was filed in 2012 and the clients initially tried to answer the lawsuit themselves.  My clients realized soon they were in over their heads and contacted my office for a free consultation.   Markovic Law got involved and immediately filed a Motion to Amend the Answer, and after a court hearing the judge granted our motion.  As a side note, we strongly discourage anyone from filing their own answer with out first speaking with an ...

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  • 13 Feb

    2007 CACH Judgement Vacated

    February 13th, 2017

    My client contacted my office about a bank levy and paycheck  garnishment she received with no warning.  Our office realized that in 2007, CACH, LLC obtained a default judgment against the this person.  A default judgment occurs when the Defendant is served with a lawsuit but fails to file any papers in opposition to the lawsuit within the time proscribed by law.  The court then enters a default judgment which means you lose the case by default. My client denied receiving the lawsuit and said had she received it she would remember and have hired counsel immediately. &...

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  • 3 Jun

    Debt Collector’s Proof of Claim Raises FDCPA Liability

    June 3rd, 2016

    The 11th Circuit Court of Appeals recently held that a debt collector who files a proof of claim in a bankruptcy proceeding violates the Fair Debt Collection Practices Act (“FDCPA”) when the claim is for a time barred debt.  The case is  Johnson v. Midland Funding.When filing bankruptcy, the bankruptcy code permits a creditor who wants to have a claim for repayment from the debtor to file what is called a proof of claim.  This is an assertion that the debtor owes the creditor money.  However, an issue arises when the creditor is ...

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  • 29 Mar

    $12,045.87 NCEP, LLC Lawsuit Dismissed; Debt Collector Pays Our Attorney Fees

    March 29th, 2015

    Another great win for a consumer against a debt collector trying to collect a South Florida debt.  NCEP, LLC filed suit against our client in Broward court seeking in excess of $12,000.00 for a payday loan that was taken out in 2006.  The Client retained our office, The Law Offices of Shaya Markovic, P.A., to defend him in the case.  The client informed our office that the reason he stopped paying on the account was due to the company closing down and not leaving any location to continue making payments on the account but that he was still ...

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