Gross Polowy, Provest Accused of Submitting False Affidavit of Service

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A Brooklyn, New York consumer claims in a proposed class action that Gross Polowy, LLC and Provest, LLC submitted a false affidavit suggesting the debt collectors served a member of the man’s household with a lawsuit filed against him on behalf of HSBC Bank.

According to the complaint, in April 2018, the plaintiff was mailed a copy of a lawsuit filed against him by Gross Polowy regarding an obligation to HSBC. The lawsuit, reportedly filed on February 28, 2018, allegedly contained an affidavit of service “written and attested to” by Provest that claimed “service was effectuated on March 26, 2018, upon a 35-year-old woman who was described as 5’5 tall, weighed approximately 120 pounds and was the daughter of the Plaintiff.” The plaintiff says no person in his household “even comes close” to Provest’s description of the individual it allegedly served.

Notably, the plaintiff alleges the defendants “wrote up the same exact affidavit of service on a separate legal matter” filed against him two months later that was “literally word for word the same” as the March 2018 document.

The lawsuit argues the defendants knowingly used a fraudulent affidavit “in the furtherance of proceeding with the litigation.” This practice of “sewer service,” the case continues, attempted to quickly obtain a judgment against the plaintiff, in violation of the Fair Debt Collection Practices Act (FDCPA).

“Accordingly, Plaintiff never received service that a lawsuit was filed against him, and was robbed of the opportunity to properly defend himself against the allegations contained in the Complaint,” the suit reads.