Midland Funding NCC-2 Corp and Brachfeld & Associates are breaking the FDCPA!!!
I am unemployed an living off an EDD check that barely pays my bills. I have not assets and am unable to afford an attorney. How should I proceed with this matter? What do I need to do to keep the SF Sherriff's Dept from taking my stuff?
1 attorney answer
You are a victim of "sewer service." The process server could not serve you legitimately, so he threw the court papers in the sewer and completed the Proof of Service to say that Jane Doe was served. Process servers are not subject to the FDCPA and the attorney will have a good defense as they were relying on the process server to lawfully serve you.
You need to file a motion with the Court to have the Judgment against you set aside. You were not actually served, so your chance of success is good. You will need the assistance of an experienced attorney.
In the past 4 years my office has defended hundreds of collection lawsuits on Northern California, many of which were filed by Erica L. Brachfeld of Brachfeld & Associates. In the cases that I have represented to consumer being sued, Brachfeld & Associates have NEVER been able to produce any proof that the debt they are collecting is legitimate. Once you get the Judgment set aside, Brachfeld & Associates will likely dismiss the case.