We Defend You Against
RAB Performance Recoveries, LLC

The Langel firm defends consumers against New York state court collection lawsuits brought by RAB Performance Recoveries, LLC. In appropriate cases, we will take action against RAB Performance Recoveries, LLC for violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and other applicable laws.

As of February 2013, RAB Performance Recoveries, LLC has filed at least 5,925 cases in Kings County alone. RAB Performance Recoveries, LLC purchases defaulted consumer debt to collect and sue on them.

The Langel Firm Wipes Out $16K Wage Garnishment by RAB Performance Recoveries, LLC Stemming from Bad Chase-Debt Cases. See blog Post here.

Court Stresses the Importance of Timely Moving to Dismiss Case by RAB Performance Recoveries, LLC

A consumer appealed the order of the Civil Court of the City of New York (Queens County) denying his motion to dismiss the complaint against him in RAB Performance Recoveries, LLC vs. Harari (N.Y. Sup. Ct. App. T. 2010).

RAB Performance Recoveries, LLC brought suit against the consumer to recover damages for breach of a credit card agreement based on an account stated. The consumer's answer alleged that service of the summons and complaint was "not correct." He then moved to dismiss the complaint. The Civil Court denied the consumer's motion on the ground that it was untimely because the consumer failed to make the motion within 60 days of the date of service of his answer. The Supreme Court, Appellate Term, affirmed.

Under CPLR 3211(e), the rule concerning the timing of a motion to dismiss for improper service, the consumer's motion to dismiss was untimely and he waived any objection to service. Such timing requirements are necessary to ensure that "a party with a genuine objection to service…deal[s] with the issue promptly and at the outset of the action." The Supreme Court, Appellate Term, found that, although there was no proof in the record indicating exactly when the consumer served his answer, the consumer did file his answer within the period required for service of an answer, but he waited more than 60 days to move to dismiss the complaint. Thus, the order of the Civil Court denying the consumer's motion to dismiss the complaint was affirmed.

District Court Denies RAB Performance Recoveries, LLC's Motion for Judgment on the Pleadings in Suit Alleging FDCPA Violations

In McCabe v. Eichenbaum & Stylianou, LLC (D. N.J. 2012), the United States District Court for the District of New Jersey denied a motion for judgment on the pleadings brought by RAB Performance Recoveries, LLC and its attorneys.

A plaintiff consumer brought suit against RAB Performance Recoveries and its attorneys after receiving a written communication from counsel. The consumer alleged that the letter failed to comply with several provisions of the Fair Debt Collection Practices Act. The letter stated that if the consumer disputed the debt, he "may notify [Defendants]."

A court will grant a judgment on the pleadings if no material issue of fact remains, and the movant is entitled to judgment as a matter of law. Here, RAB Performance Recoveries argued that a motion for judgment on the pleadings was proper because the letter sent to the consumer fully complied with the FDCPA. RAB Performance Recoveries alleged that the language used in the letter mirrored the language used in the statute, and was thus in full compliance with the statute.

However, the consumer argued that the letter violated the FDCPA due to its use of the word "may." The consumer alleged that "'may' conveys to the least sophisticated debtor that certain disputes do not need to be made in writing." The court agreed with the consumer: the letter could be considered deceptive and misleading. The court found that the least sophisticated consumer could have interpreted the letter to mean there was another way to dispute the debt, aside from a written communication. The consumer "could have interpreted the letter to mean that the debt could be contested in writing or through some other form." Due to this ambiguity, the court found there was a possible violation of the FDCPA, and denied RAB Performance Recoveries' motion for judgment on the pleadings.

RAB Performance Recoveries, LLC Biographical Information

RAB Performance Recoveries, LLC is a foreign limited liability company (incorporated in New Jersey) and is principally located at 10 Forest Avenue, Paramus, New Jersey, 07652. It is licensed (#1316135) by the Department of Consumer Affairs to collect debts in the City of New York.

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