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.