By: Robert J. Nahoum
RECENT VICTORY:
Our client recently discovered a default judgment entered against him in 2012 by junk debt buyer Cavalry Portfolio Services and its collection law firm Schachter and Portnoy, LLC in the Nassau County District Court – 1st District.
After consulting with our firm, we were retained and were successful in having the default judgment voluntarily vacated and the entire case dismissed. We were able to show that our client had was not living at the address where Cavalry claimed to have served copies of the summons and complaint, a practice commonly referred to as sewer service.
As proof, we produced an apartment lease demonstrating that our client was not living at the address served.
THE RULE:
According to New York State law, before a court can render a judgment against you, it must first acquire PERSONAL JURISDICTION over you. Personal jurisdiction is obtained by serving you with a summons and complaint; but, you must be properly served. Here are the ways you can be served:
- Personal Service – delivering a copy of the summons and complaint to you personally;
- Suitable Age and Discretion Service – delivering a copy of the summons and complaint to someone in your home of “suitable age and discretion†(someone competent enough to pass the papers on to you);
- Nail and Mail – After at least two failed attempts at personal or suitable age and discretion service, the process server may post a copy of the summons and complaint to the door and mail a copy to your last known address.
THE SOLUTION:
A default judgment can be reversed or “vacated†if the consumer can show that (1) the affidavit of service is bogus or (2) that he or she has (a) a defense to the case (like “I don’t owe the moneyâ€, “I don’t owe that much money†or “I don’t know who the plaintiff isâ€); and (b) a reasonable excuse for defaulting (like “I didn’t know I had been suedâ€).
If a consumer can show that the affidavit of service is bogus, the court must vacate the judgement and dismiss the case. If the consumer can’t convince the court that the affidavit of service is bogus but can show a defense and a reasonable excuse for defaulting, the case may return to the beginning and the consumer will be given the chance to answer the complaint and mount a defense.
WHO IS CAVALRY PORTFOLIO SERVICES, LLC?:
Cavalry Portfolio Services, LLC is an infamous “junk debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. The debt buyers then try to collect the full amount from consumers, plus interest, penalties, late fees, overdraft fees, attorney’s fees and whatever other kinds of fees they can dream up.
Cavalry Portfolio Services, LLC regularly makes debt collection phone calls from (800) 501-0909 and is located at:
500 Summit Lake Drive
Valhalla, NY 10595
Cavalry Portfolio Services, LLC debt collection cases often are filed under various derivations of its name including “Cavalry SPV I, LLCâ€, “Cavalry SPV II, LLCâ€, and “Cavalry SPV IV, LLCâ€.
Cavalry Portfolio Services, LLC is a notorious violator of federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA) and is sued regularly by consumers for these violations. The FDCPA is a federal law that regulates the collection of consumer debts. It precludes third party debt collectors from using false, misleading, deceptive and harassing debt collection tactics.
THE PROBLEM WITH CAVALRY PORTFOLIO SERVICES, LLC:
To Cavalry Portfolio Services, LLC, you the consumer are no more than an entry on a spreadsheet, you are data. Unfortunately for Cavalry Portfolio Services, LLC, entries on spreadsheets are not enough to win against you in court.
In a debt collection lawsuit, Cavalry Portfolio Services, LLC always has the burden to prove that the consumer is responsible for the debt. To meet this burden, Cavalry Portfolio Services, LLC must prove that: (1) it has the right to sue you; (2) the debt is yours; and (3) you owe the amount for which you were sued. It is never the burden of the consumer to prove that he or she does not owe the debt.
To meet its burden, the proof submitted by the Cavalry Portfolio Services, LLC must be based on “personal knowledgeâ€. Personal knowledge means that the person offering the evidence on behalf of Cavalry Portfolio Services, LLC must be a witness to the event shown in a particular document. For example, if credit card bills are offered into evidence on behalf of Cavalry Portfolio Services, LLC, the person offering the evidence must have personal knowledge of how the information in the credit card bill got there, how it is generated and how it is maintained. That person must have personal knowledge of the computer system and how it operates. If this person does not have such personal knowledge, the evidence is “hearsay†and it cannot be used.
Remember, to Cavalry Portfolio Services, LLC, you are just an entry on a spreadsheet. For this reason, Cavalry Portfolio Services, LLC routinely lacks the evidence necessary to prove its case and beat you in court.
WHAT YOU SHOULD DO:
If you’ve been sued by Cavalry Portfolio Services, LLC in a debt collection lawsuit, consider hiring a qualified attorney experienced in debt defense. The Law Offices of Robert J. Nahoum, P.C. routinely represents consumers in debt collection lawsuits brought by debt buyers like Cavalry Portfolio Services, LLC in New York and New Jersey.
As with all of our debt defense cases, The Law Offices of Robert J. Nahoum, P.C. analyzes debt collection cases brought by debt buyers like Cavalry Portfolio Services, LLC to determine if any violations of the FDCPA have occurred. If so, we recommend to our clients that suit be brought in Federal District Court on behalf of the consumer and against the debt buyer.
If a debt buyer like Cavalry Portfolio Services, LLC violates the FDCPA, you can sue it for statutory damages up to $1,000.00 plus actual damages (like pain and suffering) and your attorney’s fees. In FDCPA cases, The Law Offices of Robert J. Nahoum, P.C. doesn’t charge our clients a penny out of pocket.
If you need help settling or defending a debt collection law suit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you. With office located in the Bronx, Brooklyn and Rockland County, the Law Offices of Robert J. Nahoum defends consumers in debt collection cases throughout the Tristate area including New Jersey.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com
[email protected]