This case is about whether the law firm Houslanger & Associates, PLLC and two of its attorneys, Todd Houslanger and Bryan Bryks’ (Defendants’) practices in executing on consumer judgments in New York City were lawful or unlawful.
2. WHY IS THERE A SETTLEMENT?
Both sides have agreed to a Settlement. Right now, the lawyers are proposing the Settlement. After hearing from Class Members like you, the Court will decide whether to approve the Settlement. You are getting this notice so that you may decide what steps you wish to take with the proposed Settlement.
3. WHO ARE THE CLASS MEMBERS?
The Class Members include any consumer who: (a) had a judgment entered against them in New York City Civil Court; (b) that judgment was later sold or transferred to another company; and (c) on or after April 19, 2016, Defendants issued an execution on that judgment in order to garnish Class Member’s wages or restrain Class Member’s bank account.
4. WHY DID I RECEIVE A NOTICE ABOUT THIS CASE?
If you received a notice, it means that according to Defendants’ records, you are a Class Member and you can benefit from the Settlement.
5. DO I HAVE A LAWYER IN THIS LAWSUIT?
If you are a Class Member in this lawsuit, you are being represented by lawyers at the New York Legal Assistance Group (NYLAG), a non-profit legal services organization.
6. DO I HAVE TO PAY THE LAYERS IN THIS LAWSUIT?
No. You do not have to pay for these lawyers, and you do not need to hire your own lawyer to participate as a Class Member. But if you want to be represented by your own lawyer, you may hire one at your own expense.
7. WHAT ARE THE TERMS OF THE SETTLEMENT?
Defendants have agreed to stop collecting on Class Members’ judgments forever. However, another company may be able to collect on the judgment against Class Members in the future, and if that happens, Class Members keep all of their rights to challenge that collection. In addition, Defendants have agreed to stop collecting on certain other New York City civil court judgments. The Defendants have agreed to pay $155,000 as a settlement award. To read the full Settlement Agreement, click here.
8. WILL I RECEIVE A PAYMENT FROM THE SETTLEMENT?
It depends. All Class Members who paid more than $1,000 in connection with their execution, or appeared in Court to challenge the execution, or both, are in the “Compensation Class.” The Compensation Class is eligible to receive money from the Settlement. Submitting a Claim Form is the only way to get money from the Settlement! You can submit a Claim Form HERE. If you want to submit a Claim Form and cannot access the online form, please contact the class administrator at HouslangerSettlement@atticusadmin.com or 1-800-578-9164.
If you received a notice stating you are not eligible for a payment from the Settlement, but you think you paid more than $1,000 in connection with Defendants execution, or appeared in Court to challenge the execution, or both, please contact the class administrator at HouslangerSettlement@atticusadmin.com or 1-800-578-9164.
9. WHAT ARE MY OPTIONS?
Class Members in the Compensation Class have the following options:
- Submit a claim form. This is the only way to receive any money from this settlement. Any Class Member who submits a claim form will give up their rights to sue Defendants on their own about the execution on their judgment.
- Opt Out. The Class Member will not receive any money from the Settlement. Defendants might continue to collect from them, but the Class Member could sue Defendants on their own about the execution on their judgment.
- Object. The Class Member must tell the court, in writing, what they do not like about the Settlement. Even if the Class Member objects, they will get the benefits described above, as long as they submit a claim form and do not opt out.
- Do Nothing. The Class Member will not receive any money from the Settlement. Defendants will stop collecting on their judgment, but they cannot sue Defendants on their own, about the execution on their judgment.
Class Members in the Injunctive Class have the following options:
- Do Nothing. Defendants will stop collecting on the Class Member’s judgment. But, the Class Member cannot sue Defendants on their own about the execution on their judgment.
- Object. The Class Member must tell the court what they do not like about the Settlement, in writing. If they do not opt out, Defendants will stop collecting on their judgment. Even if the Class Member objects, they will get the benefits described above, as long as they do not opt out.
- Opt Out. Defendants may continue to collect from the Class Member, but the Class Member could sue Defendants on their own about the execution on their judgment.
10. IF I AM ELIGIBLE FOR A PAYMENT FROM THE SETTLEMENT, HOW MUCH MOINEY WILL I RECEIVE?
All Class Members in the Compensation Class who submit a valid Claim Form by September 20, 2022 will receive a payment from the Settlement. It is very likely that the payment will be at least $50, and possibly substantially more. You can see the plan for distributing the money here.
11. IF I AM ELIGIBLE FOR A PAYMENT FROM THE SETTLEMENT, WHEN WILL I RECEIVE THE CLAIM MONEY?
It might take a while to receive a payment, perhaps more than year, because payments will be distributed to eligible Class Members after the Court approves the Settlement. If your contact information changes before you get your claim money, make sure to contact the Class Administrator.
12. HOW DO I OPT OUT FROM THE SETTLEMENT?
You must send a letter by mail or email; the letter must include all of the following information:
- Your Name
- Your Current Address
- Your Telephone Number
- Your Email Address
- Your physical or electronic signature
- A specific statement that the Class Members wants to opt-out from the Settlement in Soto v. Houslanger & Associates, PLLC, et. al., No. 19 Civ. 6691.
To be valid, your letter must be postmarked by September 20, 2022 and sent by email to HouslangerSettlement@atticusadmin.com or mail to:
HOUSLANGER SETTLEMENT
c/o ATTICUS ADMININSTRATION
PO BOX 64053
ST. PAUL, MN 55164
13. HOW DO I OBJECT TO THE SETTLEMENT?
You must send a letter by mail or email; the letter must include all of the following information:
- Your Name
- Your Current Address
- Your Telephone Number
- Your Email Address
- Your physical or electronic signature
- A specific statement that the Class Members objects to the Settlement in Soto v. Houslanger & Associates, PLLC, et. al., No. 19 Civ. 6691.
- The reasons the Class Member objects to the Settlement in Soto v. Houslanger & Associates, PLLC, et. al., No. 19 Civ. 6691.
- Whether the Class Member wants to speak at the Fairness Hearing in Soto v. Houslanger & Associates, PLLC, et. al., No. 19 Civ. 6691.
To be valid, your letter must be postmarked by September 20, 2022 and sent by email to HouslangerSettlement@atticusadmin.com or mail to:
HOUSLANGER SETTLEMENT
c/o ATTICUS ADMININSTRATION
PO BOX 64053
ST. PAUL, MN 55164
14. WHEN IS THE FAIRNESS HEARING?
The Court will hold a Fairness Hearing at the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York, Court Room 324 North on October 11, 2022 at 12:00 p.m. Any Class Member can attend the hearing. Class Members do not have to attend the Fairness Hearing to benefit from the Settlement.
15. WHAT SHOULD I DO IF SOMEONE TRIES TO COLLECT ON THE JUDGEMENT AGAINST ME?
Under the Settlement, Defendants are not allowed to collect on a Class Member’s judgment. However, someone else could try to collect on the judgment. If that happens, the Class Member keeps their rights to challenge any future collection, and their rights against the owners of the judgment against the Class Member.
If a Class Member faces collection on the judgment against them in the future and needs help understanding their rights under the Settlement, the Class Member may contact the lawyers for the Class, who can advise them at no charge.
16. WHAT HAPPENS IF THE SETTLEMENT IS NOT APPROVED?
If the Settlement is not approved, the case will go forward in court. No one will get any money from the Settlement and Defendants may continue to collect money from Class Members. If the case continues, the Defendants might win, and Class Members could get nothing at all. Or the Class Members might win and get more money than what they would get under this Settlement. It is impossible to predict.