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Case ID: 3378 | Credit / Debt | 05/07/2004
A class action lawsuit has been filed against debt collection company PA R&D Enterprises, Inc., its subsidiary Judgment Busters, Inc., and Duane Gida, on behalf of people who claim that the debt collection companies misrepresented themselves in violation of Pennsylvania state law and the federal Fair Debt Collection Practices Act. The suit also alleges that the defendants made false, deceptive and misleading representations to the Luzerne County Court. The action seeks unspecified compensatory and punitive damages.
Named plaintiff Natasha Allen, and her husband, Kenyatta, allege that the debt collection businesses and Gida misrepresented themselves as attorneys when they sought and received court approval to obtain unpaid rent by garnishing the Allen's wages. The Allens had entered in to a residential lease agreement with Mark Sinai, of Bethlehem, for an apartment in Easton, Northampton County, in 2002. They resided in the apartment with their four children until they were evicted by Sinai for non-payment of rent. Sinai filed a complaint with a district justice in Northampton County who entered a judgment against the Allens on May 8, 2003, ordering them to pay their former landlord $2,174. Thereafter, Sinai allegedly hired PA R&D Enterprises in June 2003 to collect the unpaid rent with an agreement that Sinai would receive 70% of all amounts collected. PA R&D Enterprises through Gida initially recorded the judgment of $2,174 in Pennsylvania's Luzerne County Court by filing a certified copy in the prothonotary's office in June 2003. The present lawsuit alleges that Gida and the collection businesses misrepresented the Northampton County judgment in August 2003 when they apparently re-recorded a judgment of $3,410 plus 10-percent interest, and not the actual amount of the judgment from Northampton County. Gida allegedly filed a motion that was approved by the Luzerne County Court in August 2003 for a wage attachment on the Allens' wages for the latter amount. A copy of that court order was sent to the Allens' employers that deducted the unpaid rent from their income. The action alleges that the garnishment order was not filed with the county's prothonotary's office as required. The excessive wage attachments allegedly caused the Allens’ wages to fall below federal poverty level guidelines. On top of the alleged misrepresentations, the action contends that Gida violated state Unfair Trade Practices and Consumer Protection laws by representing himself as an attorney. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Credit / Debt Cases of Interest Merchants Decry American Express Company's Use of Market Power to Muscle Into the Credit Card Market A company that has a great deal of power in one market should not be able to legally use that power to leverage its way into other markets--this is the heart of many antitrust actions. A class action has been filed against American Express Company on behalf of merchants who accept the company's charge cards, alleging that American Express uses its market power unlawfully to force class members to accept its credit cards at excessive rates in violation of federal antitrust laws.
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