We Defend You Against
Worldwide Asset Purchasing, LLC
The Langel firm defends consumers against New York state court collection lawsuits brought by Worldwide Asset Purchasing, LLC. In appropriate cases, we will also sue Worldwide Asset Purchasing, LLC for violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and other applicable laws.
As of March 2013, Worldwide Asset Purchasing, LLC has filed at least 3,073 cases in Kings County alone. Worldwide Asset Purchasing, LLC is mainly represented by Sharinn & Lipshie, P.C., Rubin & Rothman, LLC, and Cohen & Slamowitz, LLP.
Worldwide Asset Purchasing, LLC purchases defaulted consumer debt to collect and sue on them. Its affiliated name is Worldwide Asset Purchasing II, LLC.
Court Denies Worldwide Asset Purchasing, LLC's Motion for Summary Judgment Due to Failure to Provide Certificate of Conformity
In Worldwide Asset Purchasing, LLC v. Simpson (N.Y. City Ct. Auburn 2007), Worldwide Asset's motion for summary judgment against a consumer defendant was denied by the City Court of Auburn.
Worldwide Asset moved for summary judgment against the consumer, pursuant to a retail installment contract. To support its motion, Worldwide Asset submitted an affidavit signed by an employee as the person having knowledge of the facts of the case. The affidavit was signed in Cobb County, Georgia, as opposed to New York State. The defendant consumer opposed Worldwide Asset's motion, alleging that the motion papers were defective because a certificate of conformity did not accompany the employee's affidavit.
Under the CPLR, an affirmation taken outside of the state will be treated as if it was taken in the state as long as it is accompanied by a certificate of conformity. A certificate of conformity "certifies that the manner in which the acknowledgement or proof was taken conforms to the laws of the appropriate jurisdiction." Thus, if an affidavit is signed and notarized outside of New York State, it must be accompanied by a certificate of conformity in order to be admissible.
Because Worldwide Asset failed to provide a certificate of conformity, the affidavit was unsworn and insufficient. Without the sworn affidavit, Worldwide Asset's motion papers were "devoid of the sworn factual proof necessary to sustain a motion for summary judgment."
Court Finds a Lack of Factual Basis for Worldwide Asset Purchasing, LLC's Claim against Consumer, and Awards Attorneys' Fees for Frivolous Conduct
After Worldwide Asset Purchasing, LLC brought suit against a defendant consumer to recover on an assigned credit card claim, a default judgment against the consumer was vacated and the consumer was awarded attorneys' fees. Worldwide Asset then moved to reopen their default in Worldwide Asset Purchasing, LLC v. Akrofi (N.Y. City Ct. Ithaca 2009.
To reopen the default, Worldwide Asset had to show excusable default, and demonstrate a meritorious claim. The Third Department, NYS Appellate Division has stated that, to prove a credit card claim, there must be evidence of an agreement between the defendant and the card issuer; issuance of the credit card at the defendant's address; use of the credit card; and retention of monthly statements and payments on the account. Where a credit card account is assigned, the plaintiff must also produce proof of assignment.
However, Worldwide Asset did not have proper proof of the credit card claim. Its only documentation was an account statement prepared by the assignee. Worldwide Asset had no records aside from an invoice that it prepared, listing the consumer's name, the purported provider of credit, and a "balance." There was no further evidence to back up the document.
In order to avoid impositions of sanctions, attorneys have an ongoing duty to assess the legal and factual basis of a claim. Here, the court found that Worldwide Asset's counsel was presented with an opportunity to reevaluate the claim against the consumer after the consumer hired counsel, but the "apparent lack of a factual basis for the claim render[ed Worldwide's] conduct as frivolous." The court thus awarded judgment against Worldwide Asset in the amount of $1,541.31 as attorneys' fees for frivolous conduct by its counsel, Cohen & Slamowitz, LLP.
Worldwide Asset Purchasing, LLC Biographical Information
Worldwide Asset Purchasing, LLC is a foreign limited liability company incorporated in Nevada and is principally located at 11808 Miracle Hills Drive, Omaha, Nebraska, 68154. It is not licensed by the Department of Consumer Affairs to collect debts in the City of New York. Worldwide Asset Purchasing II, LLC (#1412282) is licensed by the Department of Consumer Affairs to collect debts in the City of New York.