Cavalry Portfolio Services Defeated in Summary Judgment and Hearing Ordered for Sanctions Due to Counsel’s Frivolous Conduct

By: Robert J. Nahoum In a debt collection lawsuit, the Plaintiff (the party bringing the lawsuit) always has the burden to prove that the Defendant (the party being sued) is responsible for the debt.  To meet this burden, a junk debt buyer like Cavalry Portfolio Services must prove that (1) it has the right to sue; (2) the debt is […]

Cavalry Portfolio Failed in Attempt to Force Sale of Home in Satisfaction of Debt Collection Judgment

By: Robert J. Nahoum Judgment creditors have a wide variety of devices at their disposal to satisfy debt collection judgments.  The most common of these are bank freezes and wage garnishments.  Another, less common buy far more destructive is the sale of a judgment debtor’s home. New York law permits a judgment creditor to force the sale of a judgment debtor’s […]

No Turnover Ordered Where Cavalry Portfolio Services Failed to Comply With Bank Freeze Procedure

By: Robert J. Nahoum A debt collector with a New York state court judgment has a powerful tool at its disposal to enforce the judgment called a “restraining noticeâ€.  A restraining notice is a judgment enforcement device that restrains anyone holding property of the judgment debtor from releasing that property.  The most common example of a restraining notice is where […]

Cavalry Portfolio Loses Summary Judgment Where Consumer Objected to Account Statement

By: Robert J. Nahoum Debt collectors can often win debt collection lawsuits based on a standard called “Summary Judgment†(also referred to as “judgment as a matter of lawâ€).  Summary judgment is awarded in favor of one party and against the other without a trial.  To win summary judgment, the proponent must show that all the evidence likely to be […]

Debtor Entitled to a Protective Order Until Midland Funding Shows Standing

By: Robert J. Nahoum Debt collection lawsuits brought by junk debt buyers like Midland Funding differ significantly from those brought by original creditors because junk debt buyers often lack the proof needed to win the case.  In a debt collection lawsuit, the Plaintiff (the party bringing the lawsuit) always has the burden to prove that the Defendant (the party being […]

A Tremendous Victory for New York Debt Collection Scheme Victims

By: Robert J. Nahoum As reported in the NY Times on Friday, November 13, 2015, a class of approximately 355,000 New York consumers victimized by the fraudulent debt collection practice of sewer service will receive $59 million in a class-action settlement that also bars a major network of debt collectors from continuing the unlawful practice. The settlement involves a network […]

Midland Funding Case Stricken from Court Calendar for Failure of Evidence

By: Robert J. Nahoum It is common knowledge among debt collection attorneys (both plaintiffs and defendants) that debt buyers lack the evidence needed to prove their cases.  Nevertheless, debt collectors win these cases because of defaults by the consumers and the costs of litigation. Judge Ignatius L. Muscarella of the First District Court of Nassau County was having none of […]