We Defend You Against
CACV of Colorado, LLC
The Langel firm defends consumers against New York state court collection lawsuits brought by CACV of Colorado, LLC. In appropriate cases, we will also sue CACV of Colorado, LLC for violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and other applicable laws.
As of February 2013, CACV of Colorado, LLC has filed at least 2,093 cases in Queens County alone. CACV of Colorado, LLC is mainly represented by Daniels, Norelli, Scully, & Cecere P.C., and the Law Office of Kevin Z. Shine, PLLC.
CACV of Colorado, LLC purchases defaulted consumer debt to collect and sue on them.
Kings County Civil Court Vacates Judgment Against Consumer Defendant Due to CACV of Colorado, LLC's Failure to Abide By its Own Stipulation
In CACV of Colorado, LLC vs. Atekha (Civ. Ct. Kings County 2009), the court vacated a judgment entered against a consumer after she missed payments she owed to CACV of Colorado, LLC as per a stipulation of settlement.
The stipulation of settlement entered between the consumer and CACV stated that CACV could enter judgment if the consumer failed to make timely payments. However, CACV would first have to serve the consumer with a five-day notice to cure before entering judgment. CACV failed to provide sufficient proof that it served the notice to cure – its only proof of mailing was an affidavit made 3 and a half years after the consumer defaulted. Because CACV did not meet its burden in establishing it served a notice to cure to the consumer, the judgment against the consumer was vacated.
The court also found that the stipulation of settlement was "fatally indefinite or vague regarding the material and substantial term of the amount due and owing and the rate of interest." The court refused to put the parties back on the stipulation because CACV used an inappropriately high interest rate of over 16% to determine the amount due on the consumer's account.
District Court Finds Viable FDCPA Claim against CACV of Colorado, LLC and its Attorneys for Misrepresentation
The United States District Court, Northern District of California denied CACV of Colorado, LLC's motion to dismiss a consumer plaintiff's FDCPA claims against both CACV and its attorneys in Uyeda vs. J.A. Cambece Law Office, P.C. (N.D. Cal. 2005).
The plaintiff consumer allegedly incurred a debt that was purchased by CACV. CACV hired a law firm to collect the debt by sending letters to consumers like the plaintiff. The consumer sued CACV and its attorneys for violating the FDCPA, which states that a debt collector may not use false, deceptive or misleading representation or means in connection with the collection of any debt.
The plaintiff consumer alleged that CACV compelled its attorneys to send mass-produced demand letters with an attorney's signature, despite the attorney's failure to meaningfully review the letters. The plaintiff consumer also alleged that CACV and its attorneys, through these mass-produced letters, threatened to submit negative credit reports and to take legal action despite not intending to do so. Further, the plaintiff consumer alleged that CACV and its attorneys created a false sense of urgency through these letters: recipients of the letters were instructed to call immediately, or face legal action or suffer a disparaging credit report.
The court found that the plaintiff consumer's three distinct allegations made out a cognizable claim for violation of the FDCPA.
CACV of Colorado, LLC Violates the FDCPA by Filing Suit in the Wrong Venue
In Harrington vs. CACV of Colorado, LLC (D. Mass. 2007), the district court concluded that CACV of Colorado, LLC violated the express language of the FDCPA by filing suit in the improper venue.
The FDCPA states that any debt collector bringing legal action on a debt against a consumer must bring such action only in the judicial district where the consumer signed the contract being sued upon, or in the district where the consumer resides when the action is commenced. In this case, the plaintiff consumer lived in the third judicial district, but CACV brought suit in the first judicial district.
CACV argued that the suit could be brought under whatever venue would be proper under state law. However, the court found CACV's reasoning to contradict Congress' purpose in passing the FDCPA: to prevent debt collectors from suing consumers in forums far from the consumers' residences.
CACV of Colorado, LLC Biographical Information
CACV of Colorado, LLC is a foreign limited liability company (incorporated in Colorado) and is principally located at 4340 South Monaco Street, Denver, Colorado, 80237. It is licensed (#1253377) by the Department of Consumer Affairs to collect debts in the City of New York. Its parent company is SquareTwo Financial Commercial Funding Corporation.