Can Retirement Funds Be Levied in New York to Satisfy a Debt Collection Judgment?

By: Robert J. Nahoum Can retirement funds be levied in New York? In most cases, no. New York law generally protects retirement funds from judgment creditors, including many 401(k)s, IRAs, pensions, and similar retirement accounts. The key issue is usually not whether a creditor has a judgment, but whether the money is actually protected retirement money and whether it has been […]

Do Collection Agencies Sue Consumers in New York? What You Need to Know

By: Robert J. Nahoum If you have been contacted by a collection agency, you may be wondering: do collection agencies actually sue consumers? The answer is often misunderstood. In most cases, collection agencies themselves do not sue. Instead, lawsuits are typically filed by the original creditor or by a company that claims it purchased the debt – junk debt buyers. […]

Under The EFTA, Do You Have to Notify Your Bank in Writing About Unauthorized Electronic Transfers

By: Robert J. Nahoum Unauthorized electronic withdrawals, whether from debit card fraud, hacked accounts, ACH scams or CashApp, Zelle or Venmo, are increasingly common. One of the most frequent questions consumers ask is simple: Do I have to notify my bank in writing to be protected? The short answer is no, but there are important details that can affect your rights. […]

Voice Cloning Scams and Unauthorized Transfers: Your Rights Under the Electronic Funds Transfer Act

By: Robert J. Nahoum The Short Answer: Credit Cards Are Safer Voice cloning scams are no longer science fiction, they are happening right now, and they are costing consumers thousands of dollars in unauthorized electronic withdrawals. If you have received a frantic call from someone who sounded exactly like a loved one asking for money, you are not alone. These […]

Caught in an Auto Dealer Bait and Switch? Know Your Rights

By: Robert J. Nahoum You find the perfect car online. The price is right, the monthly payment fits your budget, and the listing says it’s sitting on the lot right now. You drive down to the dealership, excited to sign the paperwork, only to hear the salesperson say: “Oh, that car just sold an hour ago. But let me show […]