Consumer Debt Defense Case Law: Chase Bank USA, N.A. v Castelli, 61 Misc 3d 144(A) (App Term 2018).

Chase Bank USA, N.A. v Castelli, 61 Misc 3d 144(A) (App Term 2018). “Knowledge of A Debt Prevents Challenging Default if Fail to Act”. This case demonstrates once again that once you become aware of a debt and aware of an action to collect or enforce that debt, you must act. Failure to act will prevent you from challenging a judgment.

1. Motion to Vacate Judgment: Here, the Appellate Term, First Department overturned lower court decision to vacate a judgment since the defendant waited 4 years after becoming aware of the debt and failed to move to vacate. When the defendant’s account was restrained, he signed an agreement which set forth his acknowledgement of the debt and consented to release certain funds towards satisfying the debt. Then he took no action until 4 years later he sought to vacate a judgment. Defendant failed to proofer a reasonable excuse of his 4 years delay.