CACH LLC DEFAULT JUDGMENT JUDGMENT VACATED AND DISMISSED

We were recently retained to help with a default judgment obtained against our client in 2009 by CACH LLC, a debt-buyer. Our client only learned of the judgment when he was served with a wage garnishment notice to his employer. The amount of the judgment had grown to over $10,500 because of NY State judgment interest accruing at 9% for the last decade. We learned that Grossman and Karazsewski, formerly known as The Law Office of William Grossman, a debt collection law firm was counsel representing CACH which is unusual as CACH is usually represented by Daniels Norelli Scully and Cecere or Kirschenbaum and Phillips.

In this matter, our client had advised that not only was he never served with a summons and complaint notifying him of the lawsuit but that he had no idea what this debt could stem from and believed that he did not have any outstanding debt. We filed an order to show cause asking the court to vacate the judgment against our client and asking for the matter to be dismissed entirely as we did not believe that CACH LLC had any legal standing to sue our client nor that they would be able to prove that the alleged debt had been properly assigned to them. CACH LLC was not able to provide any proof as to service or ownership of the debt just as we suspected which led to the vacature of the judgment and complete dismissal of the debt against our client by the court.