MIAMI—A Broward County couple in default on an American Express credit card say a debt collection firm violated Florida and federal law when it attempted to garnish their bank account.
Nelson and Tina Garcia filed a lawsuit on Jan. 11 in U.S. District Court for the Southern District of Florida against Cordoba & Associates P.A. Attorneys at Law and American Express Centurion Bank Corp., alleging violations of the 1978 Fair Debt Collection Practices Act.
According to the complaint, when Nelson Garcia defaulted on money he owed to American Express, the credit card company hired Cordoba & Associates to garnish Garcia’s bank account. The suit claims, however, that Cordoba & Associates failed to serve Garcia with proper notice of the garnishment under Florida law. The plaintiffs claim they suffered damages as a result of the law firm’s “deceptive” debt collection practices.
The Garcias seek a jury trial, an award of actual damages, plus $1,000 per litigant and costs of the lawsuit. They are represented by attorney Matthew J. Militzok of Militzok & Levy P.A. of Hollywood.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-60054