Recent Victories:

Facing a bank restraint and information subpoena relating to $22,413 default judgment obtained in 2006 by Daimler-Chrysler and its counsel, Rubin & Rothman, LLC, we quickly intervened and presented overwhelming proof (tax statements, deed, employment records, invoices) to Rubin & Rothman showing that our client was sued at an obsolete address. Based on that proof, and our reputation, we convinced Rubin & Rothman to vacate the judgment and discontinue the action. Upon information and belief, the debt is now too old to enforce legally. The judgment was vacated by stipulation and court order in February 14, 2013 in the matter of DaimlerChrysler Financial Services, LLC v. P.A., Index # 27081/06. Queens County.

Cavalry SPV I, LLC agreed to discontinue with prejudice its $9,969 Bank of America/FIA Card Services lawsuit after receiving our client's counterclaim alleging violations of New York's Deceptive Acts and Practices Statute. Cavalry SPV I, LLV v. L.R., Index # 015536/12, New York County.

Cavalry SPV I, LLC agreed to discontinue with prejudice its $4,207 HSBC lawsuit after receiving our client's counterclaim alleging violations of New York's Deceptive Acts and Practices Statute. Cavalry SPV I, LLV v. L.R., Index # 007371/12, Queens County.

On December 10, 2012, we overturned a $22,040 judgment and caused the dismissal of a medical-debt case brought NY Medical Health Care, P.C, represented by Malen & Associates, P.C. The reason: our client was sued at an old address, and the process server did not appear at a traverse hearing where the plaintiff had the burden to prove that service was valid. Due to the process server's non-appearance, the court dismissed the action. Upon information and belief, our client can not be sued again because the time for doing so (statute of limitations) has expired. Index # 94651/07, Queens County Civil Court. Through court order dated November 27, 2012.

Our client was sued for an alleged Chase debt with a default date of no later than August of 2007. Our firm quickly moved to dismiss the case under Portfolio v. King (Court of Appeals) arguing that Chase, the originating creditor, was limited to Delaware's 3-year statute of limitations by way of NY CPLR § 202 ("borrowing statute"), a procedural law that lmits creditors to the statute of limitations of its home state, if shorter than New York's. Troy Capital, represented by Stephen Einstein & Associates, quickly folded and agreed to discontinue its own case with prejudice. Our firm is investigating a potential case against Stephen Einstein & Associates under the FDCPA for bringing a time-barred claim. Troy Capital, LLC A/P/O Chase Bank, USA, N.A. v. Beaver, 002727/12 (Voluntarily dismissed; September 2012).

Midland Funding, LLC, through its attorneys, Pressler & Pressler, folded when our client hired us to oppose a motion for summary judgment. With our client's back against the wall, our firm quickly "cross-moved" seeking dismissal of the $11,000 case on the grounds that Midland Funding, through its deficient paperwork, failed to establish through admissible proof that it possessed a legal interest in the debt. We further argued that Midland Funding, LLC improperly sued using the d/b/a "Midland Funding of Delaware, LLC" as declared improper by Judge Straniere in the case discussed in theTagliaferro blog entry. Before the court had a chance to decide the fate of the plaintiff's case, Pressler and Midland agreed to dismiss its own case with prejudice. Midland Funding, LLC v. S.H., 083950/11, Queens County (Voluntarily dismissed 2012).
We won Summary Judgment against NY/NJ collection law firm, Pressler & Pressler, for knowingly attempting to collect a debt from our client who was "mistaken" for a different person with a similar name. Pressler argued that our client lacked standing because he should have known he was not the actual debtor, and that he was actually opening "somebody else's mail." The court did not buy those arguments, and found that the Fair Debt Collection Practices Act was "enacted, in part, to eliminate the recurring problem of dunning the wrong person." Read the full blog entry here. I.B. v. Pressler & Pressler, LLP, et al, Southern District, New York, 2011.

Our client was sued in 2008 at his mother's New York address where he has not lived in over 10 years. In fact, he has been living in California since 2005. Palisades, through its attorneys, Cohen & Slamowitz, LLP, sued him and secured a default judgment against him anyway. Cohen & Slamowitz sought to enforce that judgment by restraining (freezing) his bank account(s). The Langel Firm collected overwhelming proof (utility bills, tax returns, and earnings statements) that he had been living in California during the time of alleged service of the summons and complaint. We prepared emergency papers seeking to overturn the judgment and dismiss the action. Palisades and Cohen & Slamowitz did not appear to challenge our action to throw the case out. We indeed caused the bank account to be released and the complaint dismissed. Palisades Acquisition XVI, LLC v. D.B., Civi Court, Queens County.

The Langel Firm vacated a default judgment of $30,819.57 obtained by Pride Acquisitions, LLC, an unlicensed debt buyer, primarily because of its failure to produce evidence that it owned Chase credit card debt. The case was dismissed for the same reason. We then sued the law firm representing Pride Acquisitions, Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth for making unlawful third party contacts, communicating with a represented party, a deceptive statements. Pride Acquisitions, LLC v. O. T., Supreme Court, Kings County, Index # 13738/11.

We sued Midland Funding for burying a client in collection letters after failing to comply with their requirement to validate the debt. Midland served an "Offer of Judgment" (written offer giving full amount of statutory damages) to avoid litigating the case against us. G. C. v. Midland Funding, LLC and Midland Credit Management, Inc. (Eastern District, New York, 2011).

LR Credit and Mel S. Harris sued our client in 2008 at an address where he had since moved. He defaulted as a result. Mel Harris froze his bank account. Panicked, our client gave Mel Harris some money to release his account then entered into a payment plan to pay off the rest. After 3 years of making payments, we re-opened the case, vacated the judgment, and forced Mel Harris to return ALL of his money. The court recognized that proper service of papers is a "threshold issue" notwithstanding three years of voluntary payments. LR Credit, 17, LLC v. M.K, (Civil Court, New York County, 2011).

Student was sued at her mother's house for credit card debt. Mother's house was not "actual dwelling place" under the law. We threatened Fair Debt Collection Practices ("FDCPA") violations for unlawfully communicating debts to third parties in violation of federal law. The bank agreed to vacate the judgment and dismiss the case. Capital One Bank (USA) v. C.S.

We stopped the wage garnishment of a Bronx school teacher. We overturned the judgment and recovered all money taken. Ms. T. was sued for the wrong debt. We are commencing a federal lawsuit against RAB for frivolously commencing the lawsuit without a reasonable investigation. RAB Performance Recoveries, LLC v. M.T., Bronx Civil Court

Police Officer was sued and $10,000 of wages were garnished after we discovered he was sued at an old address. We overturned the judgment and secured dismissal based on lack of jurisdiction. All money was returned. Rushmore Recoveries XII, LLC v. P.M., Bronx County Civil Court

Brooklyn woman strangled by a $20,000 credit card judgment. We invoked the court to re-open the case and vacate the judgment. We settled that debt $1.00. Asset Acceptance, LLC v. F.G., New York Civil Court.

Citibank sued Pennsylvania man and delivered Summons and Complaint to 4-year old, bad address. A nearly $10,000 judgment damaged his credit. We re-opened the case, and vacated the judgment. The bank conceded the suit's defect and voluntarily agreed to vacate the judgment. Citibank (USA) v. Patrick D., New York Civil Court.

$10,000 judgment entered against Cop unknowingly. We opened the case and demanded a traverse hearing to prove that my client was not properly served. The Plaintiff served the summons and complaint at an old address. Unifund CCR Partners v. A.K., New York County Civil Court.

Settled $10,000 judgment for $500 after exploiting lack of jurisdiction. Card Service International v. D.M, Monroe Supreme Court.