LVNV Funding Default Judgment Vacated For Sufficient Reason and in the Interest of Justice

By: Robert J. Nahoum A default judgment is a court judgment awarded automatically to the Plaintiff (the party suing) without a trial.  Default judgments are awarded because the defendant (the party being sued) failed to timely appear and defend the lawsuit. In the debt collection context, default judgments are a debt collector’s bread and butter.  Between sixty and ninety-five percent […]

Frozen Account Released Where Debt Buyer LVNV Funding Failed to Comply With 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 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 […]

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 […]