DEBT RELIEF LAW CENTER
Attorney N. James Turner Can Help
Stop The Harassment!
In a lawsuit filed in Lee County, Florida, in 2018, plaintiff, Donal J. Gross, alleged that prior to August 2011, he entered into a credit card agreement with GE Capital Corp and in using the credit card incurred a debt to GE. On or about August 2, 2011, Hayt, Hayt and Landau filed a lawsuit against Plaintiff on behalf Equable to recover the Debt. The complaint filed in the lawsuit specifically stated that "GE Capital Corp. has assigned the debt and [Equable] is the owner of the debt. The Complaint further stated that "this is an attempt to collect a debt and any information we obtain will be used for that purpose." Eventually, Hayt, Hayt and Landau filed a Motion for Default Final Judgment on behalf of Equable, stating that "Plaintiff is entitled to a Default Final Judgment in this case." Thereafter, a Default Final Judgment was entered in the lawsuit in favor of Equable. The Judgment specifically stated that "Plaintiff whose address is 1120 W. LAKE COOK ROAD, SUITE B BUFFALO GROVE, IL 60089 shall recover from Defendant(s) DON GROSS [ ... ]" Subsequently, without moving to substitute parties in the lawsuit, HH&L filed a Motion for Issuance of Continuing Writ of Garnishment, which alleged that Cavalry was "the Assignee of the Plaintiff' and was entitled "to recover the full amount of the Judgment [ ... ]plus costs and interest in this garnishment action." Hayt, Hayt and Landau continued to litigate the lawsuit, alleging in each subsequent motion that it was being brought by Cavalry as "the Assignee of the Plaintiff' without ever seeking or being granted leave from the state court to substitute parties. On April 28, 2017, Hayt, Hayt and Landau, on behalf of Equable as plaintiff and Cavalry as the alleged assignee, filed a Motion for Final Judgment of Continuing Writ of Garnishment, stating that "the Assignee of the Plaintiff respectfully requests that this Court enter a Final Judgment of Continuing Writ of Garnishment in its favor and to award the Assignee of the Plaintiff the costs incurred in this garnishment action." Under Florida law, at no point during the lawsuit did the state court have jurisdiction over Cavalry as the alleged assignee of Equable. The lawsuit against Hayt, Hayt and Landau alleged that each request made by Defendants for the state court to grant relief to Cavalry, a non-party to the lawsuit, was an attempt to take action against Plaintiff that could not legally be taken. The lawsuit alleged that the misrepresentations made in the Motion constituted violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq.
Among other debt collectors, Hayt, Hayt & Landau represents National Collegiate Student Loan Trust.
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Orlando Consumer Rights Lawyer - providing aggressive and affordable professional services to consumers who have been victims of debt collection harassment by debt collectors and Credit Repair, to residents in Orlando, Kissimmee, and throughout the Central Florida Area.