Lebedin Kofman LLPBy
We immediately obtained the court file in this matter and learned that an extremely old address once associated with our client had been served in this matter. The reasoning for why the consumer had never known about the lawsuit was now very clear. We then filed an Order to Show Cause to vacate the default judgment and to stay the judgment enforcement proceeding. This means that the wage garnishment was put on hold while the judgment issue was decided. We also asked the court to dismiss the case entirely based on standing, privity and hearsay grounds as we did not believe that Cascade Capital would be able to prove that they were the rightful owners of this debt. The judge ordered a traverse hearing to decide whether service was ever properly made. Process servers in New York are notoriously bad and often do not even show to these hearings. Forster and Garbus contacted us shortly thereafter to settle the matter outside of court. Our client agreed and saved herself over 70% off of the alleged debt. The judgment was also vacated so that it would not affect her credit in the future.