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Accounts Retrievable System, LLC
The Langel firm will defend consumers against New York state court collection lawsuits brought by Accounts Retrievable System, LLC. In appropriate cases, we may investigate claims against Accounts Retrievable System, LLC for violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and other applicable laws.
Accounts Retrievable System, LLC is a collection agency. Its affiliated name is Accounts Retrievable System, Inc.
Sheriff Should Sell Property to Enforce Money Judgment, Held Appeals Court
In the Matter of Accounts Retrievable System, LLC v. Conway (N.Y.A.D. 2d Dept. 2011), the Supreme Court, Appellate Division, Second Department of New York reversed the judgment of the Supreme Court, Dutchess County and remanded the matter for the entry of a judgment directing the Sheriff to sell real property to enforce a money judgment.
A money judgment against a "Bob Conway" had been assigned to the petitioner, Accounts Retrievable System, LLC, in 2007. Later that year, "Robert Conway" conveyed title to his property to the respondent, Ms. Villa. A title search was performed in connection with this transfer, but the judgment was docketed against "Bob Conway" and was not discovered. "Bob Conway" and "Robert Conway" are the same individual.
Accounts Retrievable System, LLC sought to enforce the judgment by directing the Sheriff to sell the property. Ms. Villa opposed the action and the Supreme Court denied Accounts Retrievable's petition on the ground that the "judgment had not created a lien on the property because it had been docketed under the name 'Bob Conway' rather than 'Robert Conway.'"
When a judgment is docketed with the clerk of the county where the debtor's real property exists, CPLR 5203(a) gives priority to a judgment creditor over subsequent transferees of the debtor's real property. Here, although the judgment was docketed under the name "Bob Conway" and the name of the title owner was docketed as "Robert Conway," the different first name "did not render the docketing ineffective to create a valid lien against the property." A judgment only needs to be docketed under the judgment debtor's surname, and the judgment in this matter was docketed under the correct surname. Further, the court stated that it could not be argued that "'Bob' is not a common derivative of 'Robert.'"
The Second Department thus held that the judgment docketed under the name "Bob Conway" created a valid lien against the property, which was owned by "Robert Conway" when the judgment was docketed. The Court accordingly found that the Supreme Court should have granted the petition, and directed the Sheriff to sell the property in order to enforce the judgment.
Accounts Retrievable System, LLC Biographical Information
Accounts Retrievable System, LLC is a domestic limited liability company incorporated in New York and is principally located at 2050 Bellmore Avenue, Bellmore, New York, 11710. Accounts Retrievable System, Inc. is licensed (#1249876) by the Department of Consumer Affairs to collect debts in the City of New York.
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