A consumer approached us with an unexpected collection letter from the law firm of Rausch Sturm. This letter alleged that the consumer owed debt buyer Worldwide Asset Purchasing II, LLC, $16,553.19 and that a default judgment had been entered against her in Kings County in 2009. In fact, our client had permanently left Kings (Brooklyn) in 2008. Notably, the letter omitted the current judgment balance. Upon further request for validation, the plaintiff’s counsel merely provided our client with a copy of the judgment.
In this case, we rebutted the obsolete Kings County address allegedly served with copies of signed leases demonstrating our client’s longstanding residence in the Bronx and improper service of all post-judgment notices. We successfully argued in our motion that personal jurisdiction was never acquired under CPLR § 503(f). We highlighted other defects, such as the plaintiff’s failure to provide valid proof and notice of assignment (CPLR §3215) and failure to validate the underlying debt allegedly owed to Bank of America, N.A.
Furthermore, upon retrieving our client’s record on Ecourts, we learned that Worldwide was represented by Fabiano & Associates. A “Consent to Substitution of Attorney” must be filed as required by CPLR § 321(b)(1).
Contact us immediately if you have received any legal document (especially indicating a lawsuit was filed or default).