Blog Posts in February, 2012

Palisades Collection, LLC failed to prove that it owned credit card debt

A debt buyer plaintiff may face substantial problems in submitting its evidence in admissible form, as debt buyer Palisades Collection, LLC found in the case Palisades v. Kedik. [1] In Kedik, ...
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10 Reasons why CACH, LLC was unable to prove its credit-card lawsuit

In CACH, LLC v. Fatima, [1] Judge Michael A. Ciaffa found ten fatal defects in CACH, LLC's case against a consumer. Debt buyer, CACH, LLC, represented by Daniels Norelli Scully & Cecere, P.C. ...
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Midland Funding, LLC and Pressler & Pressler, LLP ignored procedure to oppose debtor's claim of exempt money in his frozen bank account; Bank account restraint vacated.

The lessons of this case: In opposition to your lawful claim of exemption to a bank seizure, a judgment creditor must: Serve you with its opposition papers at the current address listed on your claim ...
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Court's decision addresses bank restraints when debtor's account is maintained outside New York state

May a creditor with a New York default judgment obtain a bank restraint by directing the restraining notice to a local branch of a bank, when the alleged debtor's account is maintained at a branch ...
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If your incorporated business defaults on a credit card, can you be held personally liable?

If your incorporated business defaults on a credit card, can you be held personally liable? A recent New York County Supreme Court decision says the answer is yes, when the credit card agreement ...
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