LVNV Funding Default Judgment Vacated For Sufficient Reason and in the Interest of Justice

By: Robert J. Nahoum A default judgment is a court judgment awarded automatically to the Plaintiff (the party suing) without a trial.  Default judgments are awarded because the defendant (the party being sued) failed to timely appear and defend the lawsuit. In the debt collection context, default judgments are a debt collector’s bread and butter.  Between sixty and ninety-five percent […]

Frozen Account Released Where Debt Buyer LVNV Funding Failed to Comply With Procedure

By: Robert J. Nahoum A debt collector with a New York state court judgment has a powerful tool at its disposal to enforce the judgment called a “restraining noticeâ€.  A restraining notice is a judgment enforcement device that restrains anyone holding property of the judgment debtor from releasing that property.  The most common example of a restraining notice is where […]

What is Meaningful Attorney Involvement for FDCPA Purposes?

By: Robert J. Nahoum THE PROBLEM: Debt collection is a high volume business.  Debt collection law-firms are hired by collection agencies and junk debt buyers to sue consumers for defaulted debt.  The lawyers keep a percentage of whatever amounts they recover from the debtors.  For this reason, the profit the lawyers earn on any individual file is relatively small.  However, […]

Clock For FDCPA Claims Starts Running When The Bank Freezes Account

By: Robert J. Nahoum Federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short) regulates the collection of consumer debts by third party debt collectors.  The FDCPA precludes debt collectors from using false, misleading, deceptive and harassing debt collection tactics. If a debt collector violates the FDCPA, it can be sued for statutory damages up […]

Cavalry Portfolio Failed in Attempt to Force Sale of Home in Satisfaction of Debt Collection Judgment Due to Senior Encumbrances

By: Robert J. Nahoum Judgment creditors have a wide variety of devices at their disposal to enforce debt collection judgments.  The most common of these are bank freezes and wage garnishments.  Another, less common buy far more destructive is the sale of a judgment debtor’s home. New York law permits a judgment creditor to force the sale of a judgment […]