Fair is fair. And if a consumer is clearly not notified of a court case, why should that consumer be forced to turn over hard-earned wages toward a $36,158 garnishment? Why should that consumer even pay off the judgment if the circumstances of the case indicate a complete lack of due process?
That was our position in a case brought by Unifund CCR, LLC. Unifund's counsel,
Mullooly Jeffrey Rooney & Flynn, quickly respected our evidence (license and ID card) that contradicted the address allegedly served, which was two street numbers off. The mistake was a good-faith one. Our experience with the Mullooly firm has always been positive. Since re-service at this point would occur outside of the statute of limitations (time period allowed to sue),
Mullooly agreed to voluntarily vacate the judgment and discontinue the action.
It's always important to check the addresses of where you were served at all stages in collection cases. Many times, collectors have outdated or inaccurate addresses, especially in large cities like New York where consumers move around quite a bit.
If you received notice of a wage garnishment or bank seizure, contact us right away.