Pollack & Rosen, P.A. and Midland Funding, LLC find themselves as defendants in a proposed class action that accuses the debt collectors of failing to properly notify a consumer of ongoing litigation “in an effort to obtain a fast and easy” default judgment against the woman.
According to the lawsuit, in August 2018, the plaintiff was notified by her employer that her wages would be garnished due to a judgment against her over an alleged credit card debt owed to the defendants. The consumer claims she was living outside of the country from 2010 to 2015, the period during which the defendants sought a default judgement against her. The suit charges the debt collectors engaged in improper “sewer” service, as the plaintiff alleges she was never served with any documents about litigation that led to the garnishment of her wages. From the complaint:
“Accordingly, Plaintiff never received notice that a lawsuit was filed against her, and was robbed of the opportunity to defend himself [sic] against the allegations contained in the Complaint.”