Forster & Garbus, Capital One Bank Sued Over Allegedly Improper Service of Court Summons

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A proposed class action alleging that Forster & Garbus LLP and Capital One Bank (USA), N.A. engage in deceptive debt collection practices has been removed to federal court in New York. The case argues that the defendants routinely order agents and employees to sign false affidavits of service in order to obtain default judgments against consumers in debt collection actions.

The case, which was filed in November 2018, begins by explaining that Forster & Garbus filed a collection action against the plaintiff and submitted an affidavit of service claiming a summons was left at the plaintiff’s home in Monroe. The man alleges, however, that he never received the document, as the papers were apparently left in a public area outside his apartment complex. As a result, the plaintiff claims he did not get a chance to respond and a default judgment of $2,292.40 was entered against him. The case charges that the defendants knew the plaintiff “had no knowledge of Defendants' Summons and Complaint and yet wrongfully and deceitfully filed a bogus Affidavit of Service.”

The suit asserts that this was not a one-time oversight and that the defendants maintain a policy of “negligently and deceitfully” failing to follow proper debt collection procedures in order to obtain default judgments against “the maximum number of consumers possible.”