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

By: Robert J. Nahoum Judgment creditors have a wide variety of devices at their disposal to enforce 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 […]

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 […]

Why Original Creditors Won’t Talk to You About Your Debt?

By: Robert J. Nahoum Consumers sued in debt collection cases often find themselves up against companies they have never heard of.  Names like Midland Funding, LVNV Funding, CACH LLC, New Century Financial Services, Portfolio Recovery Associates, Unifund and Calvary Portfolio Services.  The reason you’ve never heard of these companies is because, while you’ve never done business with them, they’re doing […]

Debt Buyer Cavalry Portfolio Services Filed 2,516 New York Debt Collection Cases In 2014

By: Robert J. Nahoum Cavalry Portfolio Services is an notorious “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. According to the New York State Unified Court System, Cavalry filed more than 2,500 New York debt collection lawsuits in 2014 alone.  Debt collection […]

Harassed by Collection Agency Cavalry Portfolio Services, LLC in New York or New Jersey?

By: Robert J. Nahoum Cavalry Portfolio Services, LLC is an infamous collection agency and debt buyer, 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 […]