We Defend You Against
Gemini Asset Recoveries, Inc.
The Langel firm defends consumers against New York state court collection lawsuits brought by Gemini Asset Recoveries, Inc. In appropriate cases, we will also sue Gemini Asset Recoveries, Inc. for violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and other applicable laws.
As of February 2013, Gemini Asset Recoveries, Inc. has filed at least 1,330 cases in Kings County alone. Gemini Asset Recoveries, Inc. is represented by Cohen & Slamowitz, LLP.
Gemini Asset Recoveries, Inc. purchases defaulted consumer debt to collect and sue on them.
New York Supreme Court Reverses Order Granting Summary Judgment for Gemini Asset Recoveries, Inc.
The Supreme Court of New York reversed an order of the Civil Court of the City of New York, which granted Gemini Asset Recoveries' motion for summary judgment in the amount of $5,755.35 (Gemini Asset Recoveries, Inc./Cohen and Slamowitz, LLP v. Portoff (4th Dept. 2009)).
Gemini Asset Recoveries sued a consumer based off a Citibank account of which it was purportedly an assignee. The court found that Gemini Asset Recoveries failed to demonstrate a prima facie entitlement to summary judgment because it did not submit proof of its standing as an assignee of the debt. Because the record before the court did not include any evidence of the purported assignment from Citibank to Gemini Asset Recoveries, the order of the Civil Court was reversed.
Consumer Alleges FDCPA Violations Against Gemini Asset Recoveries, Inc. and Cohen & Slamowitz, LLP
In O'Connor v. Gemini Asset Recoveries, Inc. (E.D.N.Y. 2009), a consumer brought suit against Gemini Asset Recoveries, Inc. and its attorneys, Cohen & Slamowitz, LLP, for alleged violations of the FDCPA.
The consumer claimed that Gemini Asset Recoveries and Cohen & Slamowitz used various prohibited means to attempt to collect a purported debt, despite receiving notice that the consumer was not responsible for it. Gemini Asset Recoveries and Cohen & Slamowitz, however, alleged that they were not liable because proper debt verification procedures were in place during the attempted collection. They further alleged that any prohibited conduct was merely the result of bona fide error.
In order to test this defense, the district court ordered Gemini Asset Recoveries and Cohen & Slamowitz to produce records of communication and case notes for the consumer's review during discovery. Included in these records were: a privilege log for each document that was previously withheld on the basis of privilege, a glossary naming individuals whose identities appeared in case notes, and a glossary defining coded or abbreviated references within case notes. However, the court refused the consumer's request to compel production of any documents concerning internal procedures.
Gemini Asset Recoveries, Inc. Biographical Information
Gemini Asset Recoveries, Inc. is a domestic business corporation incorporated in New York. It is licensed (#1312494) by the Department of Consumer Affairs to collect debts in the City of New York.