New York City Debt Collection Defense Attorney

Court does not honor sister money judgment; lack of evidence exposed

Interesting. A Kings City Court judge refused to confirm a California judgment in the context of a summary judgment motion. Under CPLR §§4540 and 3212, the court found that Defendant's sworn denial of service triggered Plaintiff's burden to prove service by a preponderance of evidence. Judge Dear apparently felt that if Defendant could prove lack of jurisdiction in California, he has the right do so here before confirmation of the Judgment.

The Plaintiff was Cavalry Portfolio Recovery Services, LLC (the company that folded at my recent Traverse hearing). It's a third-party debt buyer. Fatal to its claim was its lack of admissible evidence in support of the alleged ownership, existence, and amount of debt.