New York City Debt Collection Defense Attorney

CACH, LLC Loses Attempts at Summary Judgment and Motion to Strike

A summary judgment motion is a written request for judgment based on evidence obtained before trial. Such evidence can include documents, testimony, and affidavits by witnesses qualified to testify or introduce documents.

In CACH, LLC v. Fisher,[1] a New York Supreme Court case, Judge Bender ruled that debt buyer plaintiff, CACH, LLC failed to show standing, and further failed to offer proof of default or amount due. These defects sunk its possibility of winning summary judgment.

After losing its summary judgment motion, CACH, LLC twice moved to strike the consumer defendant's answer for her alleged failure to serve answers to interrogatories (written questions to be answered and signed under oath). The court dismissed its first attempt to strike because CACH failed to actually provide a copy of the interrogatories. CACH moved to re-argue the motion, this time annexing a copy of the interrogatories.

The court criticized CACH's styling of the interrogatories as "nothing more than a request for admissions" as "an attempt to have the Defendant prove the Plaintiff's case"[2] as it is evident that "the Plaintiff lacks proof to procure a judgment." The court stated, "Responsible practice would suggest Plaitniff's counsel should have such documentation [billing statements, credit card agreement] before commencing suit."

CACH, LLC was represented by Daniels, Norelli, Scully & Cecere, P.C.

[1] 2013 N.Y. Slip Op. 50170 (U).

[2] The interrogatories asked the defendant to state for example, whether or not the plaintiff opened an account with the plaintiff's predecessor, received statements from the plaintiff's predecessor, and made payments to the plaintiff's predecessor.