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
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
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.