Pointers on attacking assigned judgments.

Here's a bulleted list of helpful challenges to your debt buyer's judgment:

  • Verify a proper acknowledgment in the form required to entitle the recordation of a deed (CPLR §5019(c); Real Properly Law §299).
  • Verify that the assignment is prepared by counsel and indicates incoming counsel in the event you seek to vacate your default. All corporations must appear by counsel. CPLR §321(a).
  • Be aware that a certificate of conformity must accompany an out-of-state acknowledgment.
  • Make sure, if the plaintiff is a foreign corporation, that it is authorized to do business in New York. (BCL Art. 13).
  • Be aware that the assignor is required to give you notice of the assignment.

Chase Bank, USA v. Cardello, NYC Civ. Ct., 2010, Hon. Philip Straneir

Categories: Debt Defense
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