May 3, 2015
Student Loan Debt Wiped Out
A Circuit Judge from Highlands County, Florida, granted the consumers’ motion for summary judgment on the grounds that the plaintiff, National Collegiate Student Loan Trust, had failed to provide notice to them of the assignment of the student loan.
Consumers/borrowers took out student loans with Bank of America, but, they were sued by National Collegiate Student Loan Trust – a stranger to them. Section 559.715 of the Florida Statutes requires that a 30 day notice be provided to consumers of the assignment of the debt to a debt buyer prior to filing suit. The Student Loan debt that were wiped out as a result of this Summary Judgment totalled over $60,000.
Case No. 2013-CA-694 National Collegiate Student Loan Trust v. Laforce. National Collegiate Student Loan Trust was represented by Pollack & Rosen, P.A.
November 7, 2013
A lawsuit filed under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act alleges that Midland Funding, LLC and Pollack & Rosen, P.A. garnished the wages of the wrong person. A wage garnishment is an order from a court sent an employer requiring that money be withheld and forwarded to the creditor. However, in order for the wage garnishment to be lawful, there must be a valid judgment against the person whose wages are being garnished. In this case, the wrongful garnishment created havoc in the consumer’s checking account and many of his scheduled payments were dishonored as a result of the garnishment.
Both federal and state law make it unlawful for a debt collector to make a claim or legal right that does not exist.
Plaintiff is seeking statutory and compensatory damages against Midland Funding, LLC and Pollack & Rosen, P.A. and has demanded a trial by jury.
[The allegations in the Fair Debt Collection Practices Act lawsuit described in this article are the plaintiff’s version of the facts and must be proven with competent evidence. Moreover, these allegations may be denied or disproven by the defendants.]