We Defend You Against
Colorado Capital Investments, Inc.
The Langel firm defends consumers against New York state court collection lawsuits brought by Colorado Capital Investments, Inc. In appropriate cases, we will also sue Colorado Capital Investments, Inc. for violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and other applicable laws.
As of February 2013, Colorado Capital Investments, Inc. has filed at least 5,790 cases in Queens County alone. Colorado Capital Investments, Inc. is mainly represented by Pressler & Pressler, LLP, and Cohen & Slamowitz, LLP.
Colorado Capital Investments, Inc. purchases defaulted consumer debt to collect and sue on them.
Southern District of New York Finds Potential Error Shelters Colorado Capital Investments, Inc. From FDCPA Violations
In Shapiro v. Cohen & Slamowitz, LLP (S.D.N.Y. 2007), a plaintiff alleged that Cohen & Slamowitz, LLP, representing Colorado Capital Investment, Inc., violated the FDCPA in mailing him a collection letter and summons for payment of a debt, despite having knowledge that the plaintiff was not the actual debtor. Plaintiff's counsel repeatedly contacted Colorado Capital's attorneys to notify them that his client was not the correct debtor, yet he still received collection letters and an additional summons in the mail.
The plaintiff alleged that Cohen & Slamowitz, while attempting to collect on Colorado Capital's debt, engaged in false or misleading conduct and contacted plaintiff directly despite having knowledge that plaintiff was represented by counsel, thus violating the FDCPA. However, the court was not willing to conclude that the mistaken addressing of the letter constituted false or deceptive conduct as a matter of law. The court further found that factual issues remained as to whether the alleged violations were the result of a bona fide error, which shields debt collectors from liability.
New York Civil Court Denies Colorado Capital Investments, Inc.'s Motion for Summary Judgment against Consumer
Colorado Capital Investments, Inc.'s motion for summary judgment against a consumer was denied in Colorado Capital Investments, Inc. s/i/i Providian National Bank v. Del Villar (Civ. Ct. New York County 2005).
To support its assertion that it was the current owner of the consumer's account, Colorado Capital provided copies of documents demonstrating the transfer of the consumer's account from Providian National Bank. However, these assignments did not contain a list of the accounts included in the transfer, except for the most recent account. The court found these assignments and bills of sale did not specify that the consumer's account was included in any transfer.
The court also found that an affidavit from an authorized agent of Colorado Capital was insufficient to support its motion for summary judgment. The agent's knowledge was solely limited to the current owner, thus failing to properly authenticate the chain of title of the consumer's account.
Colorado Capital Investments, Inc. Biographical Information
Colorado Capital Investments, Inc. is a foreign business corporation (incorporated in Texas) and is principally located at 409 North Main Street, Weatherford, Texas, 76086. It is licensed (#1093914) by the Department of Consumer Affairs to collect debts in the City of New York.