EXHIBIT A

Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 1 of 39
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

THE ELIE NEUFELD, LLC, CASE NO.: 22-CV-23204-RNS

Plaintiff,

v. 

EDWARD WOLF & ASSOCIATES, LLC,

Defendant.

 / 

PLAINTIFF’S AFFIDAVIT OF DAMAGES

MIAMI-DADE COUNTY ) 

STATE OF FLORIDA ) 

1. My name is Elie Neufeld and I am the Managing member and owner of The Elie 

Neufeld, LLC (“Plaintiff”). This Affidavit is based on personal knowledge and not upon 

information or belief, unless stated. 

2. Plaintiff is a company engaged in the commercial gym business (d/b/a Rule 

Recovery and Fitness) and leases the premises located at 2020 NE 153rd Street, Unit 101, North 

Miami Beach, Florida 33162 (the “Premises”). 

3. On or around mid-December of 2020, Plaintiff contacted Home Exposure, Inc. 

(“Home Exposure”), regarding the replacement of garage doors at the Premises, which Plaintiff 

paid in full for (28,855.00) and received an invoice. At all times relevant to this action Home 

Exposure held itself out to the public and Plaintiff as a fully licensed and insured general 

contractor. 

4. On or around May 31, 2022, Hurricane Garage caused to be recorded a fraudulent 

claim of lien against Plaintiff and the Premises. This led to Plaintiff filing suit against Hurricane 

Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 2 of 39
2 

Garage Doors and the discharge of the fraudulent lien, in the action styled, The Elie Neufeld, LLC 

v. Hurricane Garage Doors, Inc., Case No: 2022-013386-CA-0, the Circuit Court of the Eleventh 

Judicial Circuit in and for Miami-Dade County, Florida. See Order Discharging Lien attached 

hereto as Exhibit A. 

5. On or around July 12, 2022, Edward Wolf & Associates, LLC (“Defendant”), 

through an employee Victoria Stillwell, contacted Plaintiff by email in an attempt to collect on the 

fraudulent lien. In the communication, Defendant does not hold itself out as a debt collector but 

purports to be a law firm who represents Hurricane Garage Doors, stating: “My firm has been 

retained to protect and secure the rights of the referenced creditors. Your case with Hurricane 

Garage Doors, Inc has been sent to my office with regards to the aforementioned claim and your 

case has been sent to my local office for the purpose of litigation. Before any actions, directives 

and disclosures from the creditors are taken, we would like to give you twenty-four hours to show 

honest intent and resolve this indebtedness, otherwise, it is our client’s intention to proceed with 

litigation for not only the balance outstanding, but all allowable attorney fees and court cost. 

Naturally, it would benefit all parties concerned if litigation could be circumvented. If this matter 

is a mere oversight and can be resolved with an out of court resolution, feel free to use once of the 

following payment methods to expedite payment. This formal demand allows you a chance to 

fulfill your commitment, protect you and/or your company’s credit (D&B), and avoid any 

applicable cost and/or fees. You can overnight payment in full via FedEx and email my office with 

tracking confirmation, or simply send a bank wire or electronic funds transfer for the balance in 

full and email me a copy of the receipt for proper applications.” See Exhibit B. 

6. On or around the same day, Defendant, without authorization, contacted Plaintiff’s 

landlord and represented to Plaintiff’s landlord that Defendant was an attorney attempting to 

Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 3 of 39
3 

collect a debt. In addition, Defendant threatened to foreclose on the Premises if the debt was not 

paid, despite the fact that it was aware the underlying lien was fraudulent. 

1. On or around July 15, 2022, Plaintiff retained undersigned, who contacted 

Defendant to alert them that alleged debt was fraudulent, that Plaintiff was represented by counsel 

and to cease any and all communication to Plaintiff except through counsel. Defendant has been 

aware that undersigned represents Plaintiff from at least July 20, 2020 – despite being put on 

notice, Defendant continued to contact Plaintiff and third-parties. See July 20, 2022, E-mail from 

Defendant to Undersigned as Exhibit C. 

7. After being contacted by my counsel, alerted to the fact that the debt was invalid 

and being asked to only communicate to me through my attorney, Defendant contacted my cell 

phone at least a dozen times, contacted my landlord multiple times and left a fake google review 

all in an attempt to extort a monetary payment from me that I did not owe. See Composite Exhibit 

D. 

8. Defendants as of November 28, 2022, owes Plaintiff $1,000.00 in statutory 

damages for violations of 15 U.S.C. § 1692. 

9. Defendants as of November 28, 2022, owes Plaintiff $1,000.00 in statutory 

damages for violations of Fla. Stat. § 559.72(9). 

10. The total amount due and owing, exclusive of attorneys’ fees and costs is $2,000.00.

11. Default interest accrues on the principal at the prevailing statutory interest rate.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 

Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 4 of 39
Under penalty of perjury, I declare that I have read the foregoing Affidavit and that the facts stated 

in it are true. 

Neufeld 

SWORN TO AND SUBSCRIBED before me this A7Jday ofNovember, 2022 by Eliezer Neufeld. 

The above-named individual is. personally known to me and did take an oath. 

(Notary Seal) 

_..-~~;·•iil••. DEBRA JEAN MOLINA [f~<i-.\ Notary Pub lie - State of Florida 

\~~j Commission# HH 144509 

··· ... ,?.~ r.:-f·· My Comm. Expires Jun 21., 2025 

Bonded through National Notary Assn. 

~ A Notary Public . 

ofFlorida. 

4 

Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 5 of 39
EXHIBIT A 

Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 6 of 39
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL

CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

CASE NO: 2022-013386-CA-01

SECTION: CA32

JUDGE: Mark Blumstein

Elie Neufeld, LLC (The)

Plaintiff(s)

vs.

Hurricane Garage Doors, Inc

Defendant(s)

____________________________/

ORDER DISCHARGING LIEN

 THIS CAUSE having come before the Court on Plaintiff The Ellie Neufeld, LLC’s 

(“Plaintiff”), Motion to Discharge Lien of Defendant Hurricane Garage Doors, Inc. (“Defendant”), 

pursuant to Fla. Stat. 713.21(4), the Court having reviewed the Verified Complaint, the Motion to 

Discharge Lien and having been advised in the premises, it is hereby,

ORDERED AND ADJUDGED:

Plaintiff The Ellie Neufeld, LLC’s Motion to Discharge Lien of Defendant Hurricane Garage 

Doors, Inc., is GRANTED.

1. 

Defendant Hurricane Garage Doors, Inc.’s recorded Claim of Lien in the Official Records of 

Miami-Dade County at Book 33215 Page 199, on the subject property 2020 NE 153 Street, 

Unit 101, North Miami Beach, Florida 33162 is hereby DISCHARGED and 

CANCELLED.

2. 

Case No: 2022-013386-CA-01 Page 1 of 2

Filing # 156155349 E-Filed 08/25/2022 09:31:47 PM Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 7 of 39
DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 25th day of August, 

2022.

2022-013386-CA-01 08-25-2022 7:57 PM

Hon. Mark Blumstein

CIRCUIT COURT JUDGE

Electronically Signed

Final Order as to All Parties SRS #: 12 (Other)

THE COURT DISMISSES THIS CASE AGAINST ANY PARTY NOT LISTED IN THIS 

FINAL ORDER OR PREVIOUS ORDER(S). THIS CASE IS CLOSED AS TO ALL PARTIES.

Electronically Served:

Ishmael A Green, ishmael.green@LewisBrisbois.com

Ishmael A Green, linda.yun@lewisbrisbois.com

Ishmael A Green, ftlemaildesig@lewisbrisbois.com

Physically Served:

Case No: 2022-013386-CA-01 Page 2 of 2

:20:2:2-01~ 08-:25-:20:2:2 7: 

Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 8 of 39
EXHIBIT B 

Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 9 of 39
1

Yun, Linda

From: Yun, Linda

Sent: Monday, October 3, 2022 1:24 PM

To: Yun, Linda

Subject: FW: 2020 NE 153rd St Project (case#10422-21)

Get Outlook for iOS

From: vstillwell@edwardwolff.biz <vstillwell@edwardwolff.biz> 

Sent: Tuesday, July 12, 2022 12:46:54 PM 

To: eli@rulefitnessmiami.com <eli@rulefitnessmiami.com>; sknight@edwardwolff.biz <sknight@edwardwolff.biz>; Elie 

Neufeld <elie@rulefitnessmiami.com> 

Cc: legalsupport@edwardwolff.biz <legalsupport@edwardwolff.biz> 

Subject: RE: 2020 NE 153rd St Project (case#10422-21) 

 

 

Eli, 

 

Pursuant your conversation with Mr. Knight if the matter is resolve by end of day tomorrow we have agreed to remove 

the fees and you only have to pay $11,385.00 to have lien removed. 

 

Please advise. 

 

 

 

Edward Wolff & Associates

Victoria Stillwell– Legal Coordinator 

660 N. Central Expy. Ste.# 450 

Plano, TX. 75074 

Phone # 214-612-7562 

Fax # 214-452-5663 

vstillwell@edwardwolff.biz 

www.edwardwolff.biz 

 

From: vstillwell@edwardwolff.biz <vstillwell@edwardwolff.biz> 

Sent: Tuesday, July 12, 2022 9:50 AM 

To: 'eli@rulefitnessmiami.com' <eli@rulefitnessmiami.com>; 'sknight@edwardwolff.biz' <sknight@edwardwolff.biz> 

Cc: 'legalsupport@edwardwolff.biz' <legalsupport@edwardwolff.biz> 

Subject: 2020 NE 153rd St Project (case#10422-21) 

Importance: High 

 

Attn: Eliezer Neufeld 

Claim: 10422-21 

Balance: $14,231.25 

 

Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 10 of 39
2

My firm has been retained to protect and secure the rights of the referenced creditors. Your case with Hurricane Garage 

Doors, Inc has been sent to my office with regards to the aforementioned claim and your case has been sent to my local 

office for the purpose of litigation. Before any actions, directives and disclosures from the creditors are taken, we would 

like to give you twenty four hours to show honest intent and resolve this indebtedness, otherwise, it is our client’s 

intention to proceed with litigation for not only the balance outstanding, but all allowable attorney fees and court cost. 

 

Naturally, it would benefit all parties concerned if litigation could be circumvented. If this matter is a mere oversight and 

can be resolved with an out of court resolution, feel free to use once of the following payment methods to expedite 

payment. 

 

This formal demand allows you a chance to fulfill your commitment, protect you and/or your company’s credit (D&B), 

and avoid any applicable cost and/or fees. You can overnight payment in full via FedEx and email my office with tracking 

confirmation, or simply send a bank wire or electronic funds transfer for the balance in full and email me a copy of the 

receipt for proper applications. 

 

Bank Wire Instructions

EDWARD WOLFF & ASSOCIATES 

Bank: Inwood National Bank 

Address: 7621 Inwood Rd. Dallas, TX 75209 

Routing Number: 111 001 040 

Account: 334 076 4 

Swift Code: INWAUS41 

 

Overnight Check Delivery:

EDWARD WOLFF & ASSOCIATES 

660 n. Central Expressway Suite 450 

Plano, Texas 75074 

Claim # - Include on envelope and check to ensure proper application 

 

It is imperative to notify me once payment is made to ensure proper application. 

 

 

Regards, 

 

 

Edward 

 

 

 

Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 11 of 39
EXHIBIT C 

Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 12 of 39
1

Yun, Linda

From: Green, Ishmael

Sent: Tuesday, September 20, 2022 5:10 PM

To: Yun, Linda

Cc: Green, Ishmael

Subject: FW: [EXT] 2020 NE 153rd Lien (case#10422-21)

Ishmael Green

Attorney

Fort Lauderdale 

954.678.4073 or x9544073 

From: vstillwell@edwardwolff.biz <vstillwell@edwardwolff.biz> 

Sent: Wednesday, July 20, 2022 9:01 AM 

To: Green, Ishmael <Ishmael.Green@lewisbrisbois.com> 

Cc: legalsupport@edwardwolff.biz 

Subject: [EXT] 2020 NE 153rd Lien (case#10422-21) 

Good morning Ishmael, Due to yo ur client lack of concern to resolve the above matter, my client is having to make the hard decision to moving forward with litigation. Will you accept service for Elie Neufeld and/or Rule Fitness? Regards, Edward Wolff & A ssociatesVictoria Stil

Good morning Ishmael, 

Due to your client lack of concern to resolve the above matter, my client is having to make the hard decision to 

moving forward with litigation. Will you accept service for Elie Neufeld and/or Rule Fitness? 

Regards, 

Edward Wolff & Associates 

Victoria Stillwell– Legal Coordinator 

This message needs your attention 

• No employee in your company has ever replied to this 

person. 

Report or !M ark as Safe 

Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 13 of 39
2

660 N. Central Expy. Ste.# 450 

Plano, TX. 75074 

Phone # 214-612-7562 

Fax # 214-452-5663 

vstillwell@edwardwolff.biz 

www.edwardwolff.biz 

Case 1:22-cv-23204-RNS Document 17-1 Entered on FLSD Docket 12/22/2022 Page 14 of 39
COMPOSITE

EXHIBIT D 

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Audio file

AUDIO_9614 1.m4a

Transcript

Speaker 1

Ah yes, Andrew, this is Tom Holman. I spoke with you a few days ago in reference to my client hurricane 

garage doors versus rule Fitness and Ellie. Uhm, Ellie, Newland or Neufeld? The building belongs to you, 

just reason I. Called you because there's a lien that we put on it. The fact that it's a stand alone means 

that we can force sale of it. It's not in a. Park, it's a stand. Alone building, so I'm trying to avoid moving. 

Forward to get expense. The date to sell after it's adjudicated. I haven't heard back from you. I didn't 

know if you sent a, uh. A breach of lease to him and gave him 30 day eviction, but at this point I'm I'm in 

the dark so I need you to reach out to me. I have to make a decision on Monday. 4694109974 again, my 

name is Tom Holman from Edward Wolfe and Associates on behalf of my client hurricane garage doors 

versus rule fitness.

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Audio file

voicemail-729.m4a

Transcript

Speaker 1

But yeah, bardo this is Mr Holman uhm? I've got no other choice, but. To move forward, I've been trying 

to work. With you yesterday, the call that you and I. Had didn't go. Well, and I'm tired of dealing with it. 

But my client has to move forward. They're going to. Lose their lien rights if we don't execute and get a 

commencement date to foreclose on the property so you don't believe that we can. All you gotta do is 

sit back and see. And you will see that you will lose that building to a foreclosure sale. To satisfy this 

claim. Unfortunately, we can't wait any longer we. Are going to lose their. Lien rights and they're not 

going to be able to get anything, so we have to execute. They have to execute on the lane to get a 

commencement date and then pour clothes to get their money. Again, like I said, you don't believe it's 

watch.

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Audio file

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Transcript

Speaker 1

Yeah Mr garbade. Oh this is Tom Holman. Giving you a call because. I need to get your e-mail address. 

We are going to send you all the information after they end up moving forward on the liens. Please give 

me a call at 469-410-9974. I need your e-mail address also you can e-mail me at T Holman. At Edward 

Wolf Wolff. Dot bids. But I need your e-mail address so that way you'll know I. But now you don't believe 

that we're going to move forward on these liens. So I need your. E-mail address or I? Can show you that. 

We really are. It's a standalone building 100. Percent vulnerable thank you.

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Audio file

voicemail-751.m4a

Transcript

Speaker 1

Uh, yeah. This message is for Daniel Garbaccio. This is Tom Holman. I need you to get in contact with me 

at 469-410-9974. Please refer to your case. Case number 10422. Thank you.

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Audio file

voicemail-759 1.m4a

Transcript

Speaker 1

Yes, this message. Is for the owner of Rule Fitness. This is Tom Holman. I represent Edward Wolfe and 

associates and my client who owns the lien on the property that you're in. I need you to give me a call 

469-410-9974 before this runs out of time. Thank you.

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Transcript

Speaker 1

Hey Eli, this is Tom Holman. I am the senior legal coordinator with Edward. Wolfe and associates. 

Obviously I've sent you in countless emails giving you warning there is a lien place on your building 

which is a breach of your rental contract with the Barbatos. I am in the middle of getting contact with 

them. We are going to. Exercise the lane. Whether the garbanzos or you get off. Your hands and start 

doing something to get this thing paid, but we are going to move forward. Make no mistake. My phone 

number 46941. 0997 Four again, I represent hurricane garage doors. That's my client. There is a lien that 

was placed on the building that you rent that. Buildings that you don't own in the breach of your lease, 

which means you. Can be evicted. I'm going to go ahead and do what I have to. Do on my end. But this is 

going. To turn out very fast for you if you don't resolve it. 469-410-9974.

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Transcript

Speaker 1

Uh, yeah Eli. This is Tom Holman. I've been calling you been trying to warn you that the lean that's been 

on the property of 2020 NE 133rd St North Miami, which. Is your fitness club. We are going to exercise 

our rights under the law, which means we need to start a commencement date and start foreclosure 

against that property. I am going to notify them. Barbatos obviously they need to know that it's their 

property. They own it and you're in breach of your agreement. Your rental agreement, which means you 

can be evicted. 4694109974, good luck.

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Transcript

Speaker 1

Hey Eli, this is Tom Holman again. I don't know why you hung up the phone on me. I'm just trying to 

educate you on where. We're at, we haven't gotten in contact with. The owner of the building you're in, 

Andrew Barbato. He did with his attorney today and they're going to send you an eviction notice to gives 

you 30 days to resolve this lien. Or you're going to be evicted from the property. You don't believe me? 

You may want to call. Your landlord. But they'll he'll let you know what he's doing. Again, Andrew 

Garbade Oh my name is Tom Holman. You got my name, you got my number. I've left several messages. 

I told you that this thing is going to get out of hand if you didn't take care. But you can't just not pay 

somebody that did work on your plot on the property there, especially when you don't own it, you're in 

breach of your lease agreement and you're going to either have to move your your club or you're going 

to have to pay under the table. There's no way out 469410997. For right now, I'm willing to work out a 

settlement and save you some money, but I promise you if you go to the table and you're forced to it, it 

won't be it'll. Be balanced in full. You need to call me.

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Transcript

Speaker 1

Yeah Ellie this is Mr Holman calling from. Edward Wolfe and associates in reference to my client 

hurricane Garage Doors Inc. Versus rule fitness. I had told you that we got ahold of the owner, Andrew 

Garbodor. And he is going to send an issue a 30 day eviction notice because this is a stand alone building 

with a lien on it which can be forced sold. He's not going to let that happen, so he's going to send you an 

eviction notice. You have 30 days to be to vacate. You need to contact me before this gets out of hand 

and I'm not going to be very forthcoming or welcoming to settlement. I'm going to want balance and full 

plus attorney fees. 4694109974 you need to get with me right away before this gets out of hand. Unless 

you plan on moving in 30 days.

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Transcript

Speaker 1

Ali this is Mr Holman from Edward Wolfe and associates. Just calling in to. See if you had gotten that 

eviction notice yet. 469-410-9974.

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Transcript

Speaker 1

Yeah Ellie, I was just checking to see if you had gotten. The eviction notice yet give me a call 4. 

694109974

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Transcript

Speaker 1

It's LLE, it's Tom Holman, again checking to see if you received the eviction notice 469-410-9974.

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