Solo attorney J. Henry Nierman, a solo practitioner, has owned codefendant Recovery of Judgment LLC since 2015. Miami Beach, Florida resident Shaul Levy sued Nierman’s firm and his company alleging violations of the the Fair Debt Collection Practices Act (FDCPA) over the issuance of a purportedly unlawful Subpoena issued in connection with efforts to recover on a $13,990 judgment awarded in a New York City Civil Court case (the Morrison judgment).
U.S. District Judge Nelson Roman of the Southern District of New York denied defendants’ motion to dismiss Levy’s complaint under FRCP 12(b)(1) due to lack of standing. Levy showed concrete harm flowing from the $3,000 expense incurred in retaining counsel to defend him in the Morrison Judgment. He faced imminent risk of legal action stemming from the unlawful subpoena.
