Quick Answer: This lawsuit appears legitimate based on the specific case details and court filing information provided. Andrey Alishayev alleges debt collectors illegally seized $8,997 in Social Security disability funds from his bank account and held the exempt money for over five months despite clear proof of its protected status.
Case Information:
- Court: U.S. District Court, Southern District of New York
- Case Number: 1:25-cv-2075
- Filed: March 12, 2025
- Plaintiff: Andrey Alishayev
- Defendants: Judgment Recovery Partners LLC (JRP), Tyler Umans, James W. Olsen, River Heights Capital, LLC
Allegations at a Glance:
Andrey Alishayev, a disabled man who relies solely on Social Security Disability Income (SSDI), alleges that debt collectors unlawfully restrained and seized nearly $9,000 from his bank account. Despite clear proof that the funds were exempt from collection, Defendants refused to release the money for over five months, causing him financial hardship and severe emotional distress.
Key Allegations:
- Defendants obtained a default judgment against Alishayev 14 years ago through a fraudulent affidavit of service.
- In March 2024, JRP restrained Alishayev’s bank account, freezing $8,997.90.
- Alishayev provided immediate proof that all funds were from SSDI and legally exempt from collection.
- JRP ignored the evidence, demanded unnecessary documentation, and falsely told him he needed to hire a forensic accountant.
- In April 2024, Chase Bank transferred the restrained funds to the marshal, who contacted JRP to confirm whether to return the money. JRP instructed the marshal to send the money to them instead.
- Alishayev spent months filing pro se motions in court and seeking help from the New York Attorney General before finally recovering his money in October 2024.
- JRP and attorney James W. Olsen allegedly engaged in the unauthorized practice of law in New York by using Olsen’s digital signature to issue legal enforcement documents.
Legal Claims:
Fair Debt Collection Practices Act (FDCPA) Violations – 15 U.S.C. § 1692 et seq. (Unfair, deceptive, and abusive debt collection practices)
Conversion – Wrongfully taking and withholding Plaintiff’s money
Relief Sought:
Actual damages for financial harm
Statutory damages under the FDCPA
Punitive damages for reckless and willful misconduct
Attorneys’ fees and costs
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The Bottom Line:
This case highlights the potential for abusive debt collection practices and the misuse of legal procedures to collect on old debts. Consumers receiving Social Security or other exempt income should be aware of their rights and act quickly if their funds are wrongfully restrained.
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Legal Disclaimer:
Lawsuits contain allegations that have not been proven in court. The Defendants may contest the claims, and the case may result in dismissal, settlement, or a ruling in favor of either party.
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