Providing Debt Relief for Clients Throughout the State of New York

HARVEST CREDIT MANAGEMENT/KIRSCHENBAUM & PHILLIPS JUDGMENT DISMISSED

HARVEST CREDIT MANAGEMENT/KIRSCHENBAUM & PHILLIPS JUDGMENT DISMISSED

We were retained by the family of a disabled deaf-mute young man whom learned that a default judgment was placed against him by Harvest Credit Management, a debt buyer. Harvest Credit had done so through the debt collection law firm of Kirschenbaum and Phillips. Kirschenbaum frequently sues consumers in regard to debt matters and enforces on judgments obtained against them by levying bank accounts and garnishing wages. Although our client had only ever received social security disability and was taken care of by his family, Kirschenbaum obtained a judgment for over $21,000 against him without ever serving the family with a summons and complaint and proceeded to levy $7,000 in his bank account even though the funds were exempt and the account was handled by his family on his behalf.

As this was one of the worst situations we have run across, we immediately drafted an Order to Show Cause to vacate the default judgment against our client due to a lack of service and also asked the court to dismiss the matter against our client entirely as there was no possible way that our disabled client could have obtained any sort of financing. The fact that his social security disability funds which are exempt from a bank levy were frozen was the icing on top. This was a gross manipulation of justice. After Kirschenbaum realized the situation, they contacted us and agreed to voluntarily vacate the judgment against our client and dismiss the matter against him entirely. This likely happened to avoid the ire of any judge that this case was going to be in front of. Our client’s funds were released, and the case was dismissed with prejudice so that no other debt buyer could pursue him for this debt.