Debt Collection | Blog | Markovic Law

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 ...

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 ...

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 ...

$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 ...