By: Robert J. Nahoum It goes without saying that consumer debt collection is a high volume business. Debt buyers like Midland Funding, LLC buy tens of thousands of consumer accounts with the full knowledge that they will only collect on a fraction of them. Midland Funding’s debt collection business model is to sue consumers on these purchased accounts in debt […]
How Much is Too Little for Midland Funding to Sue on?
Mel Harris & Associates Is Out of Business
By: Robert J. Nahoum Embattled New York debt collection law firm Mel Harris & Associates has closed its doors forever. Through its harassing and abusive debt collection tactics, Mel Harris & Associates has disrupted the lives of tens of thousands of New York consumers for years. Â Well, it appears the chickens finally came home to roost. Mel Harris & Associates […]
Kirschenbaum & Phillips, PC – Sloppy and Noncompliant
By: Robert J. Nahoum Infamous debt collection law-firm Kirschenbaum & Phillips, PC was bench slapped by Federal District Court Judge Eric N. Vitaliano for its “sloppiness and inattention to rules and detail” in a scathing opinion issued by the Court. The matter entitled Rivero v. Kirschenbaum & Phillips, PC, was filed in United States District Court, Eastern District of New […]
Can a Debt Collector Levy on my Security Deposit?
By: Robert J. Nahoum THE PROBLEM You were sued by a debt collector on an old credit card debt and the debt collector has been awarded a default judgment by the court. You just heard from your landlord and he tells you that he received instructions from the debt collector to freeze your security deposit. Can the debt collector do […]
What is the Marshal and a Sheriff’s “Poundage” in a NY Debt Collection Lawsuit?
By: Robert J. Nahoum When a money judgment has been entered against a debtor in a New York debt collection lawsuit, the New York City Marshal (or County Sheriff outside of New York City) is typically engaged to assist the debt collection lawyer in enforcing the judgment.  The Marshal or Sheriff is the court’s civil enforcement officer and has the […]
What is the Difference Between a Marshal and a Sheriff in a NY Debt Collection Lawsuit?
By: Robert J. Nahoum Partial victory for a debt collector in a New York debt collection lawsuit is the award of a judgment. A judgment is a decree from the court, reduced to a piece of papers, stating that the debt collector has won the lawsuit and is entitled to a certain amount of money from the debtor. Â More than […]
Is Sewer Service an FDCPA Violation?
By: Robert J. Nahoum THE PROBLEM The cashier at the grocery store rings you up, you swipe your debit card and embarrassingly, the cashier tells you that your card is no good. You call your bank and are told that your bank account has been frozen. How can this have happened? Turns out, you were sued by a debt collector, […]