Attorney Suing Dozens of MCA Companies Disqualified as Counsel

January 29, 2018 | By: Sean Murray

Court Order Rayminh Ngo, an attorney with Higbee & Associates that has appeared in no less than 80 lawsuits against merchant cash advance companies in New York State, hit a fatal roadblock in one case, court records reveal. That’s because Ngo and Higbee aren’t qualified to practice law in the State of New York. This disturbing matter was brought to light and evaluated by the Honorable Jerome C Murphy, a judge in Nassau County, late last month.

Platinum Rapid Funding Group, the plaintiff against a party that Ngo was representing, argued that the defendant’s attorney was in violation of Judiciary law §470, specifically that Ngo and the law firm did not have an office in New York State and consequently could not represent a client in New York.

Ngo denied the assertion and argued that he did in fact have offices there. But the evidence was not on his side. The two addresses he provided turned up empty, according to process servers who visited both locations. And the lease agreements submitted as exhibits were not valid for the time period in question.

“In the end, this Court finds that there is no evidence on this record that Ngo and Higbee had physical addresses in New York,” the order on the matter read. Ngo and Higbee were therefore disqualified as counsel of record. They have filed a notice of appeal in response.

That he has appeared in dozens of other lawsuits in the State was not addressed in the order, but it may be worth noting to his opponents both past and present that pursuant to this Court, they cannot practice in New York.

You can view the decision here.

The decision arose in Platinum Rapid Funding Group, Ltd. v. H D W of Raleigh, Inc. d/b/a Pure Med Spa, a/k/a Pure Cosmetic and Surgical Center and Holly Donielle Wybel a/k/a Holly D. Wybel, Index # 605890/2017 in New York Supreme Court.

Last modified: January 29, 2018