We Defend You Against
Rushmore Recoveries, LLC
The Langel firm defends consumers against New York collection lawsuits brought by Rushmore Recoveries, LLC. In appropriate cases, we will also sue Rushmore Recoveries, LLC for violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and other applicable laws.
As of January 2013, Rushmore Recoveries, LLC has filed at least 6,897 cases in Queens County alone. Rushmore Recoveries, LLC is represented by Mel S. Harris & Associates, LLC.
Rushmore Recoveries, LLC purchases defaulted consumer debt to collect and sue on them. Its affiliated names include:
- Rushmore Recoveries II, LLC
- Rushmore Recoveries III, LLC
- Rushmore Recoveries, IV, LLC
- Rushmore Recoveries VI, LLC
- Rushmore Recoveries VII, LLC
- Rushmore Recoveries VIII, LLC
- Rushmore Recoveries IX, LLC
- Rushmore Recoveries X, LLC
- Rushmore Recoveries XI, LLC
- Rushmore Recoveries XII, LLC
- Rushmore Recoveries XIV, LLC
$41,986 Judgment Vacated and Dismissed Due to Our Aggressive Response to Judgment Enforcement
Facing a $41,986 garnishment by Rushmore Recoveries X, LLC, represented by
Kirschenbaum & Philips, P.C., our firm quickly sought dismissal of the garnishment and of the underlying judgment on grounds of lack of legal authority due to defective assignment documentation. We separately threatened the attorneys with retaliatory action under the
Fair Debt Collection Practices Act for misrepresentation of the judgment creditor. Rushmore dropped the garnishment, vacated its own judgment, and relinquished the claim for the entire sum of $41,986. (Rushmore Recoveries v. KH, #37828/05, NY Civil Court).
We promptly stop a $16,077 Notice of Garnishment in its tracks
We promptly stopped a $16,077 garnishment and settled the entire case for $2,100 payable at $100 per month. We argued that noncompliance of certain sections of New York law required service of post-judgment notices at a correct address. In this case, the garnishment papers cited an incorrect apartment number. The plaintiff was Rushmore Recoveries XIV, LLC, represented by
Houslanger & Associates, PLLC. (Rushmore Recoveries XV, LLC v. Ferguson, 88518/07).
Court Denies Rushmore Recoveries X, LLC's Motion for Summary Judgment due to its Failure Establishing an Evidentiary Foundation
In Rushmore Recoveries X, LLC v. Skolnick (Nassau Cty. Dist. 2007), Rushmore Recoveries X, LLC attempted to support a motion for summary judgment against a Citibank consumer with an affidavit from an individual who claimed to be personally familiar with the facts related to the action. The court held that this "custodian of records" had no personal knowledge of the account agreement between the consumer and Citibank because his claimed familiarity was simply taken from documents created by Citibank itself. Rushmore Recoveries X, LLC further failed to provide proper proof of its alleged assignment of the debt and failed to submit any proof of an agreement between Citibank and the consumer.
The court held that debt purchasers like Rushmore Recoveries X, LLC must establish that documents fall within the "business records exception" to the hearsay rule in order to establish a prima facie case. Because Rushmore Recoveries X, LLC could not establish that the documents were made in the regular course of business; that it was the regular course of business to make the documents; and that the documents were made contemporaneously with the recorded event, it did not tender proof in admissible form and its motion for summary judgment was denied.
Rushmore Recoveries, LLC Biographical Information
Rushmore Recoveries, LLC is a domestic limited liability company incorporated in New York and is principally located at 10 New King Street, Suite 205, White Plains, New York 10604. It is licensed (#1316830) by the Department of Consumer Affairs to collect debts in the City of New York.