New York City Debt Collection Defense Attorney

Colorado Capital Investments Inc. Sinks for Failure to Prove Ownership of Debt

As where many debt buyers fall short in credit card litigation, here[1], Colorado Capital Investments failed to prove to a New York Civil Court that the defendant's "particular account" had been assigned to it. As with many debt buyer cases we see at this office, Colorado Capital produced a bill of sale that referred to "Accounts" in "Appendix A," but attached no document that listed "accounts" or an "appendix."

Further, the court held, an affidavit signed by a third-party debt buyer is insufficient alone to admit into evidence account statements generated by the purported original creditor.

The court denied Colorado Capital Investments Inc.'s motion for summary judgment and granted defendant's cross-motion for dismissal mainly on the grounds that Colorado's Assignment and Bill of sale failed to provide clear and sufficient evidence that the defendant's account was included in any transfer from the original owner.

[1] Colorado Capital Investments, Inc. s/i/I Providian National Bank v. Villar (Civ Ct., NY County, Index # 5894/05)