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Cypress Financial Recoveries, LLC

The Langel firm will defend consumers against New York state court collection lawsuits brought by Cypress Financial Recoveries, LLC. In appropriate cases, we may investigate claims against Cypress Financial Recoveries, LLC for violations of the Fair Debt Collection Practices Act, and other applicable laws.

Cypress Financial Recoveries, LLC purchases defaulted consumer debt to collect and sue on them.

Attorney's Assertion Insufficient to Vacate Judgment: Case Study

In the case Cypress Financial Recoveries LLC v. Michael D. Morris, decided on April 9, 2018, a default judgment against the defendant was challenged for allegations of improper service. However, the court denied the motion to vacate the judgment as the defendant's lawyer, rather than the defendant himself, had signed the documents contesting the service, which the court deemed insufficient to challenge the prima facie evidence of proper service.

Key takeaways:

  1. An attorney's affirmation without personal knowledge has no probative value, and therefore, cannot support any motion for dispositive relief. In this case, the defendant's attorney, rather than the defendant himself, signed the documents contesting the service, which was deemed insufficient.
  2. The interposition of the defense of improper service of process in a verified attorney's answer is legally insufficient to require a hearing as a matter of law. This supports the court's decision to deny the motion to vacate the judgment.
  3. For a motion to vacate a judgment to succeed, the defendant must submit a sworn denial of receipt of service containing specific facts to refute the statements of the process server. In this case, the defendant failed to submit such an affidavit, leading to the denial of the motion to vacate the judgment.

Case Citation: Cypress Financial Recoveries LLC v. Michael D. Morris, 6632-08 (2018)

Cypress Financial Recoveries, LLC Biographical Information

Cypress Financial Recoveries, LLC is a foreign limited liability company incorporated in New Jersey and is principally located at 175 South Washington Avenue, Suite 9, Dumont, New Jersey, 07628. Cypress Financial Recoveries, LLC is licensed (#1448508) by the Department of Consumer Affairs to collect debts in the City of New York.

The headquarters for the company is located at 2141 NE 2nd St, Ocala, Florida, 34470, United States. You can reach them by phone at (877) 234-5904. Their website is www.cfrfinancial.com.

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