Three Debt Collectors Facing Class Action Alleging Pattern of Obtaining Quick Default Judgments

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Mullooly, Jeffrey, Rooney & Flynn, LLP joins Cavalry SPV I, LLC and Gotham Process, Inc. as defendants in a proposed class action lawsuit. The plaintiff, a New York consumer, claims he received a collection notice from the law firm defendant on behalf of Cavalry in June 2018 in which Mullooly, Jeffrey, Rooney & Flynn, LLP informed the man of a judgment entered against him in a recent lawsuit.

“[The plaintiff] was shocked to have received this letter since he had never been served with any lawsuit, nor received any copies of a Complaint in the mail,” the suit reads.

Upon receiving the notice, the plaintiff reportedly visited the Clerk of the Court for the Civil Court of the City of New York to learn more and was provided with a file that contained a Motion for Default Judgment and included an Affidavit of Service written by Gotham Process. The complaint argues the defendants’ affidavit is proof that they had the wrong person:

“Within this Affidavit it is attested to that service was effectuated on March 27, 2018, upon a 53 year old woman who was described as 5’6” tall and weighed approximately 160 pounds. 

There is no person in the Plaintiff’s household that even comes close to matching this description.

The only female of age in the Plaintiff’s house is his wife, who does not even remotely match this description and knows for a fact she was not served.”

The lawsuit describes this pattern of conduct as an attempt by the defendants to quickly obtain default judgments against consumers. Ultimately, the defendants secured a default judgment against the plaintiff without properly serving a summons or complaint, nor a copy of the motion for default judgment, the lawsuit claims.