U.S. Equities/Linda Strumpf Judgment Dismissed

We were recently retained by a client who received a bank levy notice stating that $10,000 of her funds would be frozen due to a judgment against her from 2012. US Equities Corporation, a debt buyer was the holder of the judgment against our client. As is always the case, US Equities retained the debt collection law firm of Linda Strumpf to collect, sue and enforce the judgment against our client. US Equities often buys debt after it has been sold multiple times and generally has a problem proving that it has legal standing to collect on the debt. Often, they also fail to properly serve consumers with the summons and complaint as well as the notice of judgment entry.

Our client, an elderly retired teacher had moved to Puerto Rico in 2010, so the allegation that she had been served with a summons and complaint in 2012 in New York was obviously impossible and also a potential violation of the Fair Debt Collection Practices Act as she had been served at the improper venue. Although there was a judgment of over $10,000 against her, we pointed to the fact that all her income and funds were completely exempt under Federal and State law which meant that Linda Strumpf would not be able to enforce the judgment against her. Our client receives social security and a New York State teacher’s pension both of which are 100% exempt from collection. Once we showed proof of improper service and our client’s exempt status, US Equities decided to dismiss the case against her entirely.

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