We were contacted by a client who learned that she had a default judgment
entered against her back in 2008 by Midland Funding or Midland Credit
Management, one of the biggest debt buying companies in the country. Midland
was represented by the debt collection law firm of Stephen Einstein &
Associates whom commonly handle these cases. Our client was currently
living in Jamaica and told us that she could not possibly have been served
with a summons and complaint in 2008 because she had moved to Jamaica
for work in 2005 but would travel back and forth from the US to Jamaica.
The judgment had been accruing interest at the statutory New York rate
of 9% and grew to over $30,000.
It was important for our client to have the judgment vacated as in some
cases a money judgment can affect the status of a Visa when living abroad.
In her case, she was in Jamaica for work and could not afford to lose
her work visa status. We drafted an order to show cause asking the court
to vacate the judgment against our client based on the impossibility of
service of process. Stephen Einstein & Associates contacted us and
stated that they would agree to vacate the judgment against our client
and allow us to enter an answer on her behalf. Once we did so, they contacted
us again about the possibility of settling the matter outside of court
to save on litigation fees for all parties. Midland agreed to reduce the
balance owed by a remarkable 75%.