In Cavalry Portfolio Services, LLC v. A.A., a lawsuit was brought by the law firm of Schachter Portnoy LLC against a New York defendant to collect on a debt originally owed to Cavalry Investments, as assignee of FIA Card Services. In 2010, the attorneys at Schachter Portnoy LLC were able to obtain a default judgment in the amount of $21,300. With the 9% judgment interest that accrues each year, the outstanding balance grew to over $29,000.
Our client did not receive notice of the lawsuit because she no longer resided at the address where Cavalry Portfolio attempted to serve her with the lawsuit papers.
Upon the client retaining the services of our attorneys, we prepared an Order to Show Cause to Vacate Judgment based on improper service of the lawsuit. Under the New York Rules of Civil Procedure, in order for a court to obtain personal jurisdiction over the Defendant, the Plaintiff must first serve the Defendant with the Summons and Complaint in accordance with the NYRCP. As we researched the Affidavit of Service, our lawyers came to the realization that the process server had been disciplined. As such, we attacked several facets of the Affidavit of Service.
Prior to the return date at court, our lawyers successfully negotiated a settlement of $2,250 in full satisfaction of the debt. Furtheremore, as part of the arrangement, the judgment was vacated.
By hiring the debt relief lawyers at the Law Office of Simon Goldenberg PLLC, our client:
- Saved over $26,000 off the outstanding balance
- Eliminated the accrual of future interest and/or fees
- Eliminated any concerns about bank restraint and wage garnishment
- Is entitled to have the judgment removed from the credit report because it was vacated
Although these results are not typical, they show what could be achieved under the right set of circumstances. You can read more about cases that our lawyers have resolved with this firm by visiting our page dedicated to Schachter Portnoy.
If you are faced with a lawsuit or judgment by the law firm of Schachter Portnoy, or by any other New York Debt Collection Law Firm, having an experienced debt relief attorney by your side can make a world of difference in how your matter is resolved.
We offer a free phone evaluation, call us at (888) 301-0584. Each case is unique, and each client has their own individual circumctances. Prior results do not guarantee, and are not indicative of, future performance. Contact us for an evaluation of your situation.