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Blog Posts in February, 2013

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  • CACV of Colorado, LLC Fails to Prove it Complied with Settlement Stipulation
    CACV of Colorado, LLC Fails to Prove it Complied with Settlement Stipulation

    The Civil Court of Kings County granted a defendant consumer's application to vacate a default judgment entered against her by CACV of Colorado, LLC, and then declined to put the parties back on their ...

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  • Rushmore Recoveries has no Evidentiary Foundation to Warrant Summary Judgment, Holds Court: Business Records Exception to Hearsay Rule Not Shown
    Rushmore Recoveries has no Evidentiary Foundation to Warrant Summary Judgment, Holds Court: Business Records Exception to Hearsay Rule Not Shown

    The District Court of Nassau County, New York denied Rushmore Recoveries' motion for summary judgment in Rushmore Recoveries X, LLC v. Skolnick (Nassau Cty. Dist. 2007). Rushmore Recoveries sued a ...

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  • New York Supreme Court Rules HRA Welfare Payments Not Garnishable: Creditor Must Wait until Judgment Debtor Endorses Welfare Payments to Pursue Enforcement Remedies
    New York Supreme Court Rules HRA Welfare Payments Not Garnishable: Creditor Must Wait until Judgment Debtor Endorses Welfare Payments to Pursue Enforcement Remedies

    In a case decided in early February by the New York State Supreme Court in Queens County, the court held that a judgment creditor could not garnish HRA benefit checks that are ultimately received by ...

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  • Debt Purchaser, Collins Financial, is not Entitled to Default Judgment due to Lack of Sufficient Proof
    Debt Purchaser, Collins Financial, is not Entitled to Default Judgment due to Lack of Sufficient Proof

    The Civil Court of Richmond County, New York vacated an underlying judgment against a consumer when debt collector, Collins Financial, applied to assign the judgment to a third-party debt purchaser. ...

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  • 15 Valuable Points of FTC Debt Buyer Study Involving Consumer Debts (2013)
    15 Valuable Points of FTC Debt Buyer Study Involving Consumer Debts (2013)

    Year after year, the Federal Trade Commission (FTC) receives more consumer complaints about debt collection than any other single industry. Dubbed the "first major empirical study of debt buyers," the ...

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  • Cohen & Slamowitz Sued under FDCPA for Pursuing Wrong Person for Debt
    Cohen & Slamowitz Sued under FDCPA for Pursuing Wrong Person for Debt

    With remarkable factual similarity to our I.B. (name protected for confidentiality) action against Pressler & Pressler, the same Southern District Court (New York) let collection firm Cohen & ...

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