A class action lawsuit has been filed on behalf of credit card
customers of JPMorgan Chase against whom Chase obtained default
judgments using allegedly robosigned and fraudulent
affidavits. The lawsuit, Moya
v. JPMorgan Chase &
Co., et al., No. 1:14-cv-20922 (S.D. Fla.), was filed in
the United States District Court for the Southern District of
Florida, and is brought on behalf of all credit card borrowers in
the United States who have been sued by or on behalf of Chase to
collect on a credit card debt and had the court enter a default
judgment based on a robosigned affidavit submitted by Chase.
Specifically, the case alleges that Chase and its subsidiaries
created and participated in a scheme of generating and robosigning
affidavits on a mass scale that did not involve adequate controls
to ensure that the information in the affidavits was correct and
based on the affiant's personal knowledge. The complaint further
alleges that the affidavits were then notarized by a notary who
falsely attested to witnessing the affiant's execution of the
affidavit. Chase then submitted these affidavits by the
thousands to state courts in order to obtain default judgments
against its credit card borrowers who were past due on their credit
card bills. Once the default judgment was obtained, the
complaint alleges that Chase aggressively pursued post-judgment
remedies such as garnishing wages, levying bank accounts and
assessing post-judgment interest.
Lawsuits with similar allegations against Chase have been filed
by the California Attorney General and the Mississippi Attorney
General. Under pressure from regulators, Chase halted its
collection litigation operation in 2013.
"Chase has profited from its abuse of the legal system," said Shanon J.
Carson of Berger & Montague, P.C., one of the attorneys
representing the plaintiff. "It is ironic that Chase would
hold borrowers to the letter of the law in fighting collections,
but has attempted to use its power and resources to obtain an
unfair and unjust advantage against its customers, which must be
addressed." "This practice is widespread," said Joseph Cohen
of Scott + Scott, Attorneys at Law, LLP, who also represents the
plaintiff. "A company of Chase's size and sophistication
either is or should be aware that its scheme was unlawful. We
look forward to vindicating the rights of credit card borrowers who
have been subject to these wrongly-obtained default
judgments." Edward Millstein of Sacks Weston Petrelli Diamond
& Millstein LLC, also representing the plaintiff, said "the
relief sought in this lawsuit will bring justice to thousands of
borrowers. Borrowers who have been affected by Chase's
robosigning policies and practices should be made aware of their
The lawsuit seeks an order by the court requiring Chase to cease
using robosigned affidavits, and provide notice to class members of
Chase's misconduct so borrowers can take steps to reopen their
cases and expunge the default judgments. The lawsuit further
seeks reimbursement of all monies unlawfully taken by Chase
following the default judgments such as through wage garnishments,
attachment of bank accounts, and asset seizures.
Borrowers who have been subject to a default judgment obtained
by Chase in a credit card collections lawsuit can obtain additional
information about this class action lawsuit by calling Patrick F.
Madden at (215) 875-3035, or by email at firstname.lastname@example.org .
This case is being prosecuted by the class action law firms,
Berger & Montague, P.C., Scott + Scott, Attorneys at Law, LLP,
and Sacks Weston Petrelli Diamond & Millstein LLC. Berger
& Montague, P.C. ( www.bergermontague.com ) consists of over 50 attorneys
who represent plaintiffs in complex and class action
litigation. The firm has played lead roles in major cases for
over 40 years resulting in recoveries of billions of dollars for
its clients and the classes they represent.
Scott+Scott ( www.scott-scott.com ) is one of the leading
class action law firms in the United States, with offices in New
York, Connecticut, Ohio and California. The firm has been
directly responsible for the recovery of billions of dollars on
behalf of its clients through the prosecution of major consumer,
securities, antitrust and employee retirement plan class action
lawsuits. Scott+Scott represents pension funds, foundations,
individuals and other entities worldwide.
Sacks Weston Petrelli Diamond & Millstein, LLC
( http://www.swpdlaw.com ) is a full-service law firm based in
Philadelphia, PA. The firm's lawyers have recovered billions of
dollars on behalf of its clients both nationally and
For more information, please contact:
Berger & Montague, P.C.
1622 Locust StreetPhiladelphia, PA 19103
Telephone: (215) 875-3035