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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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  • 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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  • 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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  • 28 Apr

    Defend Cavalry SPV I, LLC Lawsuits

    April 28th, 2016

    Have you been sued in Miami Dade or Broward for a Cavalry SPV I Lawsuit?  The Law Offices of Shaya Markovic, P.A. fights Cavalry SPV I, LLC lawsuits.  In many cases, our office has had success in getting these cases dismissed.As with most debt buyer cases, there are many defenses that could be raised on your behalf.  Not only does our firm look to get Cavalry SPV I cases dismissed, but if there are any violations of any consumer debt protection laws my office will Sue Cavalry SPV I for violating these laws.  These ...

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  • 1 Apr