Marcadis Singer PA or MSPA is a debt collection agency, which receives a lot of consumer complaints to our law firm for debt harassment. Find out who they are, why they might be calling, and how you can stop them.
What is Marcadis Singer?
Marcadis Singer, P.A. (MSPA) is a law firm based in Florida that specializes in third-party debt collection. MSPA has received consumer complaints alleging violations of the Fair Debt Collections Practices Act (FDCPA), including making false statements and threatening to take actions that cannot legally be taken. If Marcadis Singer has contacted you about past due collection items, make sure you know your rights before you take action.
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Is Marcadis Singer a scam?
They’re legit. The Better Business Bureau (BBB) does not provide any information about the founding date of Marcadis Singer, P.A. The BBB established a profile page for MSPA in 2006 and lists Marcadis Singer as a collection agency and law firm. Buzzfile estimates Marcadis Singer’s annual revenue at $2 million and the size of its headquarters staff at 11 employees.
Who does Marcadis Singer collect for?
According to its website, Marcadis Singer, P.A. “is a Florida law firm, dedicated to credit and collections, with experience in supporting a local, regional, and national client base. Customer satisfaction is Marcadis Singer’s top priority.” In addition, “continued customer satisfaction has helped Marcadis Singer build their reputation as one of the leading credit and collection law firms in the state of Florida.”
Marcadis Singer provides collection litigation in several areas, including consumer debt collection, commercial debt collection, insurance subrogation, and debt arbitration. MSPA attorneys “practice only debt collection issues and subrogation litigation.” According to MSPA, “Florida is broadly recognized as a debtor’s state… and MSPA has many options at their disposal to aid in collecting the indebtedness.” MSPA’s consumer debt collection attorneys are “aggressive and utilize every remedy available… under the law.”
MSPA uses many remedies to resolve disputes about outstanding debts. Aggressive follow-up and “communication with all parties frequently resolves matters satisfactorily.” MSPA can also bring a lawsuit against the debtor. “Wage garnishment is generally permitted against the wages of debtors who are not head of household.” Bank levies are “generally permitted against both business and individual debtors.” Replevin, or repossession, is “a court process wherein goods can be repossessed when the creditor has a security interest in the goods and a superior right of possession.” MSPA may also file a levy against real estate, vehicles, and personal property. Subpoenas are used when “the debtor has no visible assets and the creditor knows of no property or assets owned by debtor… to force a deposition in aid of execution. The debtor is ordered to come before MSPA representatives, with a court reporter present, and testify under oath as to their assets, liabilities, and their ability to pay the judgment.” Finally, a “proceedings supplementary” is filed when “assets have been transferred by a judgment debtor” to defraud a creditor and is used to recover the transferred funds or obtain a court judgement against the recipient of the funds.
The MSPA website is client-facing and does not provide a consumers page with links or references to protection resources, laws, and enforcement agencies.
Who are we? We are Lemberg Law, a Consumer Law Firm
Lemberg Law is a consumer law firm helping victims of collection harassment and abuse. We are ranked A+ by the BBB. We’ve helped more than 15,000 consumers stop harassment and recover money from debt collectors. Harassed? Abused? Misled by a collector? Call our Helpline today! There is no charge unless we win.
How many Complaints are there against Marcadis Singer PA?
As of June 2019, the BBB has closed 1 complaint against Marcadis Singer PA in the past 3 years; that complaint was closed in the previous 12 months. The complaint alleged problems with billing and collections. The Consumer Financial Protection Bureau (CFPB) has not posted any complaint data about MSPA. Justia lists at least 2 cases of civil litigation involving MSPA.
Can Marcadis Singer PA Sue Me or Garnish My Wages?
It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely MSPA would sue you for a debt you may not owe or they cannot validate. However, debt collection agencies are known to have summoned debtors to court and garnish wages after a default judgement. Contacting an attorney BEFORE this could possibly happen would be a smart move. We’ve helped thousands of consumers fight back against unscrupulous debt collection harassers. Find out if we can help you too today!
In May 2017, in the District Court of Appeal of the Sate of Florida, Fifth District, a judge issued a decision in a case in which attorneys for Marcadis Singer, P.A. were representing the interests of a bank’s efforts to collect a home foreclosure judgement. In this case, in May 2010, the bank had “obtained a final judgment of foreclosure against the plaintiff for $1,703,296.78.” The date of sale on the foreclosed property was in January 2011, and in May 2014, the bank filed a motion “to collect a $1,346,771.48 deficiency judgment, plus interest from the sale date.” The bank’s initial summons was dated May 7, 2014. That summons and a subsequent alias summons were both returned as non-served. Next, in October 2015, the plaintiff filed with the court a motion to dismiss the bank’s “complaint for failure to serve within 120 days pursuant to Florida Rule of Civil Procedure 1.070(j).” The bank did not file a response to the motion to dismiss. “Moreover, the trial court held a hearing on the motion to dismiss in April 2016, but no transcript of the hearing appeared in the record on appeal.” As a result, “after the hearing, the trial court dismissed the bank’s complaint without prejudice.”
The May 2017 hearing was held to determine whether the trial court had abused its discretion by dismissing the complaint as requested in the plaintiff’s motion to dismiss. The court stated that “generally, the trial court enjoys ‘broad discretion to extend the time for service even when good cause for failing to meet the 120-day deadline has not been shown,’” and that “when the statute of limitations has run, preventing refiling of the complaint, trial courts should exercise discretion in favor of extending the service deadline.” In this case, the court noted that “the record… contains a return of service affidavit showing that the plaintiff was individually served with the…summons and complaint” in May 2015. An MSPA attorney had represented the bank at the trial court hearing. However, the appeals court stated that it was “unclear whether the bank had provided the affidavit … to the trial court.” The bank had filed “no response to the plaintiff’s motion to dismiss, and…no transcript of such a response appears in their record on appeal.” Furthermore, the plaintiff had “not challenged the return of service as defective or otherwise disputed that she was served on the date reflected.” As a result, the court could not “reconcile the trial court’s dismissal with the unchallenged return of service demonstrating that the bank had served the plaintiff approximately one month before the trial court dismissed the complaint.” The appeals court reversed the decision, and the case was sent back to trial court for further proceedings.
Marcadis Singer PA Calling You?
Federal laws protect you. The Fair Debt Collections Practices Act (FDCPA) regulates the behavior of collection agencies by prohibiting actions such as the use of abusive or threatening language; harassment; or the use of false or misleading information to collect a debt. The FCRA regulates how collection agencies and creditors report delinquent debts to credit reporting agencies. Additional consumer protection laws include the Telephone Consumer Protection Act (TCPA) and the Consumer Financial Protection Act (CFPA).
Can I sue Marcadis Singer for harassment?
Yes. If you want to enforce your rights, or recover money for violations — you need to sue. Federal laws provide individuals like you with a means to seek monetary damages in court. For example, the FDCPA allows consumers who have been violated to recover damages of up to $1,000, plus attorney fees and court costs.
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About the Author:
Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.