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Debtor, a Queens resident, defeats Creditor collection agency’s motion for summary judgment

Queens Civil Court, Judge Honorable Barry A. Schwartz denied a motion for summary judgment brought by plaintiff-creditor CACH LLC acting on behalf of Bank of America. In his defense to plaintiff’s motion for summary judgment, the debtor defendant, a Queens resident, submitted a letter from another collection agency purportedly settling Bank of America’s alleged claim against him, along with supporting affidavits, other evidence, and a Memorandum of Law, arguing why the case should proceed to trial. Judge Schwartz found that the debtor defendant sufficiently established an issue of fact, and held that the creditor failed to establish a prima facie entitlement to summary judgment. The Court granted debtor’s motion to amend his answer and to include counterclaims. After the Court’s denial of the creditor’s summary judgment, creditor voluntarily withdrew their lawsuit and the action against the debtor was dismissed.

Debtor was represented by Usar Law Group, P.C. in this Consumer Credit lawsuit.

Read Queens Civil Court Decision/Order below:

Decision-Order on Motions for Summary Judgment