In this case, our firm obtained vacatur (overturning) of a 2008 default judgement by Independence Receivables Corp for $16,553.19 (not including 12 years of post-judgement interest).
We protested the plaintiff’s affidavit of service by rebutting the facts with specificity. We exposed many inconsistencies in the process server’s sworn statement including:
- the nature of the residence (our client lived in an apartment—not a house)
- the color of the door (it was red, not brown)
- the identity of a neighbor who allegedly knew of our client’s service status
- The fact that our client resided in a doorman building where all entrants are announced to tenants.
In light of these discrepancies, we challenged the overall truthfulness of the affidavit and the alleged, multiple attempts made to serve our client.
On the issue of the alleged assignment of the judgment to Independence Receivables, we steadfastly pointed out that the same individual suspiciously appeared to be the authorized representative on the affidavit of assignment of judgement for two interdiary debt buyers.
Exposing defects in debt-buyer affidavits is part of the business. Often, such “assignment papers,” presented as sworn testimony, are unsupported by adequate documentary proof of the dates and circumstances of the assignment.
At first, the judgement was vacated on our motion, however the court issued a “traverse hearing” to determine the underlying service issue. Subsequently, the plaintiff failed to appear, and the judge dismissed the action with prejudice.