Mel S. Harris Case Dismissed
Our client contacted us in a panic after she discovered that her bank account
was frozen with over $15,000 in it. After a quick investigation, we were
able to establish that the collection law firm of Mel S. Harris had obtained
a judgment against our client back in 2007. The judgment was for about
$7,000 at the time which is why they were able to freeze about double
the amount of money in her account.
After discussing the details with our client, we learned that she moved
out of New York in 2006 moving to California. This explained both why
she had no idea about the suit against her and why Mel S. Harris was not
able to enforce the judgment against her. In most instances, a judgment
obtained in New York must be domesticated in the state where the consumer
has moved to in order to levy their bank account or garnish their wages.
Often, this requires more work and funds to be spent by Midland Funding
in attempting to locate the client. Sometimes the debt is so low that
it isn't worth pursuing.
In this case, our client moved back to New York in 2014, and about 4 months
later her account was levied. We filed an Order to Show Cause to have
the judgment vacated immediately. Mel S. Harris contacted us agreeing
to vacate the judgment as long as we agreed to a settlement. We stated
that she was not interested in settling the matter and pointed out that
we would also be pursuing an FDCPA case against them and Midland for suing
our client in the wrong venue as well as obtaining a default judgment
against her because of that reason. This is an automatic violation under
the FDCPA which they knew quite well. Mel S. Harris decided to both voluntary
vacate the judgment and dismiss the case against our client.