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Mullooly, Jeffrey, Rooney & Flynn, LLP

The Langel firm will defend consumers against New York state court collection lawsuits brought by Mullooly, Jeffrey, Rooney & Flynn, LLP. We defend against collection lawsuits, and wage garnishments, and bank seizures.

Mullooly, Jeffrey, Rooney & Flynn, LLP is a debt-collection law firm that represents banks, lenders and third party buyers.

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Mullooly's office agrees to vacate $36K judgment and discontinue case involving inaccurate service of papers (blog).

Mullooly, Jeffrey, Rooney & Flynn, LLP Fail to Successfully Oppose Defendant's Order to Show Cause; Court Vacates, Sets Aside Default Judgment against Defendant

In Valtech Research, Inc. v. Meridian Abstract Corp., (Civ. Ct. Richmond County 2009), the court vacated and set aside a default judgment entered against Defendant pursuant to CPLR 5015.

Defendant in this case initially hired an attorney to handle the debt, and the attorney failed to properly defend in the action. An answer was never served upon Plaintiff, who was represented by Mullooly, Jeffrey, Rooney & Flynn, LLP. A default judgment was entered on behalf of Plaintiff, the judgment was levied, and a Satisfaction of Judgment was filed. Defendant then moved for an Order to Show Cause to vacate and set aside the default judgment.

Defendant alleged that a meritorious defense existed as to this action, as he believed that the invoices he was sued upon were paid "pursuant to an understanding between the parties." Defendant further alleged an excusable default, as he believed an attorney was handling his case.

Plaintiff's attorney at Mullooly, Jeffery, Rooney & Flynn, LLP opposed Defendant's Order to Show Cause, and claimed that Defendant did not set forth a meritorious defense because Defendant waited ten months before moving to vacate the default judgment. In addition, because the judgment was satisfied, Plaintiff argued that there was no judgment in existence to set aside.

The court found that the judgment was not paid, but was levied upon. Under CPLR 5015, the judgment could thus be vacated, and the court found Defendant set forth a meritorious defense and an excusable default. Public policy favors resolving a claim on the merits, and the court accordingly vacated the default judgment.

More information to help with a possible wage garnishment:

• Receive a Notice of Garnishment? Here’s a Summary of New York Law
• How much of my wages can be garnished? Summary of New York Law
• Vacating a Default Judgment in New York: 8 Fine Points

Here is a list of New York City’s Marshals who enforce wage garnishments:

• City Marshal Ronald Moses
• City Marshal Bruce Kemp
• City Marshal Gregg E. Bienstock
• City Marshal Martin Bienstock
• City Marshal Henry Daly

Court Orders Traverse Hearing in Credit Card Matter; Mullooly, Jeffrey, Rooney & Flynn, LLP Represent Plaintiff

In Unifund CCR Partners v. Dale, (N.Y. City Ct. Mt. Vernon 2005), the court ordered a traverse hearing after Defendant alleged that he was not properly served with the summons and complaint in a consumer debt case.

When Defendant failed to file an answer in the matter, Plaintiff, represented by Mullooly, Jeffrey, Rooney & Flynn, LLP, entered a default judgment upon Defendant. Defendant then moved to vacate that default judgment, and contended that he never received the summons and complaint in this action.

Under CPLR 5015, "where the defendant asserts a lack of personal jurisdiction as the ground for vacatur, the defendant need not demonstrate a reasonable excuse for the default or meritorious defense."

Plaintiff consented to vacate the judgment if Defendant would submit an answer to the action, but the court found that it must first consider the question of jurisdiction under CPLR 5015. Because the court found an issue of fact regarding service "in light of Defendant's submission of a sworn denial of receipt of service," a traverse hearing was ordered.

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Mullooly, Jeffrey, Rooney & Flynn, LLP Biographical Information

Mullooly, Jeffrey, Rooney & Flynn, LLP is a domestic registered limited liability partnership incorporated in New York and is principally located at 6851 Jericho Turnpike, Syosset, New York, 11791.

Contact us if you need help.