The first case, brought by Mel S. Harris & Associates on behalf of LR Credit 10, LLC enabled us to quickly move to overturn a judgment based on the fact that our client never lived in New York, inferring the conclusion that LR Credits' default judgment must have been false. Attaching tax documents and lease documents to our court papers, Mel Harris had no choice but to release our client's bank restraint, vacate the judgment, and dismiss its own case. We remind the collection bar that suing a consumer in a county other than where he/she lives or signed the credit agreement violates the Fair Debt Collection Practices Act.
The second case, brought by Pressler & Pressler, on behalf of Midland Funding, LLC, folded when our client hired us to oppose a motion for summary judgment. With our client's back against the wall, our firm quickly "cross-moved" seeking dismissal of the $11,000 case on the grounds that Midland Funding, through its deficient paperwork, failed to establish through admissible proof that it possessed a legal interest in the debt. We further argued that Midland Funding, LLC improperly sued using the d/b/a "Midland Funding of Delaware, LLC" as declared improper by Judge Straniere in the case discussed in theTagliaferro blog entry. Before the court had a chance to decide the fate of the plaintiff's case, Pressler and Midland agreed to dismiss its own case with prejudice.