Our client approached us with an obscure collection letter from the law firm of Rausch Sturm. This letter alleged that our client owed debt buyer, Worldwide Asset Purchasing II, LLC, $16,553.19 and that a default judgement had been entered against her in Kings County in 2009. In fact, our client had permanently left Kings (Brooklyn) in 2008. Notably, the letter omitted the current judgement balance. Upon further request for validation plaintiff’s counsel merely provided our client a copy of the judgement.
It is not unusual for debt buyers and their attorneys to withhold vital information and documents to consumers that could help shed light on the circumstances of the transfer of the debt and the identity of the original creditor.
In this case, we rebutted the obsolete Kings county address allegedly served with copies of signed leases demonstrating our client’s longstanding residence in the Bronx as well as improper service of all post-judgement notices. We successfully argued in our motion that personal jurisdiction was never acquired under CPLR § 503(f). We highlighted other defects such as plaintiff’s failure to provide valid proof and notice of assignment (CPLR §3215) and failure to validate of the underlying debt allegedly owed to Bank of America, N.A.
Furthermore, upon retrieving our client’s record on Ecourts we learned that Worldwide was represented by Fabiano & Associates. A “Consent to Substitution of Attorney” must be filed by as required by CPLR § 321(b)(1).
If you have received any legal document (especially indicating a lawsuit was file or default), contact us immediately.