Blog

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 ...

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 ...

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. &...

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 ...

$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 ...

29 Apr

$10,000 Discover Credit Card Lawsuit Settled For Fraction of Total Amount

April 29th, 2015

Recently my office was able to negotiate a settlement of a Broward County credit card lawsuit that was brought by Discover Card. Before I reveal the amount of the settlement I want to take a brief moment to explain the two different types of cases that come through my office and the difference between them.The first type of case is what is called an original creditor cases. These cases are filed by the company that directly loans money to the debtor/defendant. The name of the Plaintiff in this type of case would be American ...

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 ...

1 Apr

Client Pays Nothing on $32,000 Credit Card Lawsuit

April 1st, 2016

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17 Mar

$8,000 Portfolio Recovery Lawsuit Gets Dismissed

March 17th, 2016

It’s always nice to get my client a better results than they expect. Today, I had my most recent victory against Portfolio Recovery Associates. Portfolio Recovery Associates sued my client seeking more than $8,000 as a result of an alleged credit card debt. After receiving the debt lawsuit, the client hired The Law Office of Shaya Markovic, P.A. to defend his credit card lawsuit. During the initial consultation, the client said that in order to make the case go away he was willing to make a payment of a few thousand dollars. Our office ...