We Defend You Against
Unifund CCR, LLC
The Langel firm defends consumers against New York state court collection lawsuits brought by Unifund CCR, LLC. We defend against collection lawsuits, and wage garnishments, and bank seizures. In appropriate cases, we may take legal action Unifund CCR, LLC for violations of the Fair Debt Collection Practices Act, and other consumer laws laws.
If you need help against Unifund CCR, LLC, call us at (888) 271-7109 or complete this form.
A few of our wins against Unifund CCR, LLC:
- We caused dismissal of Unifund's credit-card case due to its procedural delays
- $36K Unifund CCR judgment vacated, and lawsuit discontinued, in case involving bad service
- Unifund CCR, LLC Unable to Prove Ownership of Consumer Debt; Case Dismissed
- We secured the dismissal of a $14,000 Unifund, CCR case brought by Pressler & Pressler. We cross-moved against their motion to extend time to serve. Unifund CCR, LLC v. C.Y., 016041/15.
New York Appellate Division Reverses Lower Court: Unifund CCR Partners Fails to Establish Standing
In Unifund CCR Partners vs. Youngman (N.Y.A.D. 4th Dept. 2011), the Appellate Division for the Fourth Department of New York reversed a lower court order granting Unifund CCR Partner's motion for summary judgment.
Unifund CCR alleged that it was the assignee of Chase Bank, and sued the consumer for breach of contract and account stated, seeking to recover attorneys' fees and the balance owed on a credit card issued to the consumer. The lower court granted Unifund CCR's motion for summary judgment, but the Fourth Department held that the consumer's cross motion for summary judgment should have been granted instead.
The Fourth Department concluded that, to establish standing, Unifund CCR was required to "submit evidence in admissible form establishing that Chase had assigned its interest in [the consumer's] debt to [Unifund CCR]," but it failed to do so. Unifund CCR submitted an affidavit of its agent, a "Legal Liaison" employed by Unifund CCR rather than Chase, as well as credit card statements and account balance documents. The Fourth Department found that Unifund CCR did not submit the "requisite business records to establish its standing." The "Legal Liaison" employed by Unifund CCR did not establish personal knowledge of Chase's business practices or procedures, and failed to establish "when, how, or by whom the credit card statements and account balance documents were made and kept."
Because Unifund CCR did not establish a proper foundation for the admission of the credit card statements and account balance documents under the business record exception to the hearsay rule, the Fourth Department held that Unifund CCR did not establish its standing as assignee of Chase Bank. Thus, the consumer's cross motion for summary judgment against Unifund CCR was granted.
Major Takeaway: Debt collectors must provide clear and convincing evidence of an assignment of debt to establish standing in court.
Unifund CCR, LLC Biographical Information
Unifund CCR, LLC is a foreign limited liability company incorporated in Ohio and is principally located at 10625 Techwoods Circle, Cincinnati, Ohio, 45242. Unifund CCR, LLC is licensed (#1419944) by the Department of Consumer Affairs to collect debts in the City of New York. Unifund CCR Partners is licensed (#1251678) by the Department of Consumer Affairs to collect debts in the City of New York.
More information to help with a wage garnishment:
- Receive a Notice of Garnishment? Here’s a Summary of New York Law
- How much of my wages can be garnished? Summary of New York Law
- Vacating a Default Judgment in New York: 8 Fine Points
Here is a list of New York City’s Marshals who enforce wage garnishments:
- City Marshal Ronald Moses
- City Marshal Bruce Kemp
- City Marshal Gregg E. Bienstock
- City Marshal Martin Bienstock
- City Marshal Henry Daly
