Alleged Improper ‘Income Execution’ Notice Bites Stephen Einstein & Associates in Class Action

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Stephen Einstein & Associates, P.C. and its namesake face a proposed class action in which the plaintiff claims the defendants mailed her employer an “Income Execution” notice that not only lacked mandatory Fair Debt Collection Practices Act (FDCPA) language, but came without the woman ever being served a lawsuit that produced the supposed judgment.

The case argues any judgment against the plaintiff should have been vacated for improper service from the defendant, notwithstanding its attempt to collect on such an order or that the alleged judgment was obtained without even serving the woman. Moreover, the plaintiff claims no attorney meaningfully reviewed her file or income execution prior to her employer receiving the defendant’s notice.