BROOKLYN, N.Y. (Legal Newsline) – A New York man alleges a collection letter he received failed to disclose that the statute of limitations to file a lawsuit to collect the alleged debt had expired.
Jonathan Kantor filed a complaint individually and on behalf of all others similarly situated on Feb. 21 in the U.S. District Court for the Eastern District of New York against Forster & Garbus LLP, Midland Funding LLC and John Does 1-25 alleging violation of the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff received a collection letter from Forster & Garbus on behalf of Midland Funding in March 2017 regarding an alleged debt. The suit states that the letter failed to inform him that the statute of limitations to file a lawsuit to collect the debt had expired and that making a payment would restart the statute.
The plaintiffs holds Forster & Garbus LLP, Midland Funding LLC and John Does 1-25 responsible because the defendants allegedly violated the FDCPA by created a false and misleading representation of the status of the debt.
The plaintiffs request a trial by jury and seek judgment against defendants, declaratory action, award statutory and actual damages, costs of action, attorneys' fees and expenses, interest and further relief as the court may deem just. He is represented by Daniel Kohn of RC Law Group PLLC in Hackensack, New Jersey.
U.S. District Court for the Eastern District of New York case number 1:18-cv-01133