Facing a court judgment, Monique Sykes said a process server falsely claimed that he had notified her of a court action against her.
The first notice that a debt judgment had been entered against her came in July, said Monique Sykes. Big red letters were splashed across the top: “Marshal’s Notice of Execution.”
“I was in a panic,” recalled Ms. Sykes, 29, of the Bronx. “For like 5 or 10 minutes all my eyes could focus on were those words, ‘Marshal’s Notice,’ and ‘lien on property.’ ”
Ms. Sykes is among thousands of New Yorkers who, according to a class-action lawsuit, are victims of a network of debt collectors who used fraudulent documents to surreptitiously win court judgments — all without the debtors’ knowledge.
The lawsuit, filed in Federal District Court in Manhattan this week, takes aim at a decades-old practice known in legal circles as “sewer service.” This is when a debt collector fails to serve a notice of complaint and then files a false affidavit claiming the notice has been properly served. When the debtor doesn’t show up in court, the collector can then apply for, and almost always wins, a default judgment. Read more..










