Resurgent Capital Services, LLC, represented by Mel Harris & Associates, LLC, was denied in its attempt, by motion, to simply amend the case caption to substitute Resurgent with different debt buyer,
LVNV Funding, LLC.
Doesn't sound right? Judge Ciaffa of Nassau District Court, New York didn't think so either.
J. Ciaffa held that the failure to name the correct party represents a fundamental and fatal defect impairing due process. Mel Harris may not circumvent it by simply "amending" the caption, which, by the way, isn't the vehicle to transfer an interest.
If Resurgent was not the lawful assignee, the case must be dismissed. It was.
J. Ciaffa concluded, "given the sparse evidence presented, and the assigned debt industry's frequent pursuit of claims that lack of proper documentation, the only just result is dismissal, with prejudice of the instant action.
Resurgent Capital Servs., LLC v Mackey, 32 Misc. 3d 265 (N.Y. Dist. Ct. 2011)