Manhattan Legal Services Win Featured as NYLJ “Decision of Interest”

The June 18th issue of the New York Law Journal brought attention to a recent victory by Manhattan Legal Services (a program of Legal Services NYC) attorney Elizabeth Gamble on behalf of a client who was being sued for credit card debt by a collector who could not prove ownership of the account.

PLAINTIFF ASSIGNEE moved for summary judgment in this action to collect
a credit card debt. Defendant cross-moved for summary judgment
dismissal. Plaintiff asserted it was the owner of defendant's account
providing copies of documents showing the transfer of defendant's
account from the original owner, to the entity movant described as the
current owner. The court noted none of these assignments contained a
list of the accounts included in the transfer, except for the most
recent one. It stated the assignments and bills of sale did not specify
that defendant's account was included in any transfer and could not
support movant's contention that defendant's account was so
transferred. The court also noted the chain of title of defendant's
account was not properly authenticated, thus, plaintiff's motion for
summary judgment was denied and defendant's cross-motion for dismissal
was granted.

 Read the amended decision/order at the New York Law Journal website.