MCA Funder Asks Court to Set Aside Default Judgment in Usury Case

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If it wasn’t for the Usury Law Blog, an MCA company may never have known about the default judgment entered against it in Florida for usury, according to documents filed in the case.

On Wednesday, the funding company filed a motion to set aside the default judgment and reopen the case on the basis that the in-house attorney handling the case for them left the company in September. The company had no way of receiving case notices after he left, they say, because the attorney had used a non-company email address as the email of record with the Court.

The funding company’s new attorney only became aware of the case when the Usury Law Blog published an analysis of it, they say.

The Court has initially denied their motion without prejudice on the basis that procedure requires that they certify that they have conferred, or describe a reasonable effort to confer, with the parties affected in good faith effort to resolve the dispute. Presumably, the funder can refile the motion once the defect has been cured.

Last modified: November 10, 2017

Category: Legal Briefs

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