In a 50/50 tie, broken only by the vote of VP Pence, Senate Republicans and the Trump Administration voted to allow corporate abuses to continue with little to no accountability to consumers. Among the primary ways corporations, financial institutions in particular, get away with unscrupulous and abusive business practices is by forcing aggrieved consumers into binding arbitration and away from […]
GOP Senate and Trump Administration Vote to Kill CFPB Rule Limiting Use of Binding Arbitration Clauses
Can a Debt Collector Garnishee My Unemployment Check to Satisfy a Judgment in New York?
By: Robert J. Nahoum THE PROBLEM: You’ve lost your job and fallen on hard times. Debt collectors have been after you, some have even sued. A judgment has now been entered against you. You are on a fixed budget and your only source of income is unemployment. You’re worried that the debt collector will garnishee your unemployment check. Can they […]
Can a Debt Collector Seize My Car?
By: Robert J. Nahoum THE PROBLEM: You’ve been sued for an old debt and the debt collector has been awarded a judgment. You don’t have the money to pay off the judgment and the only thing of value you own is your car. You’re reasonably concerned that your only asset of any value is in jeopardy and are asking can […]
What Will Happen if I Stop Paying My Credit Card Debts?
By: Robert J. Nahoum THE PROBLEM You lost your job or got cut back on hours. You got sick or injured an can no longer work. Whatever the case, falling on hard economic times is an all too common reality for so many Americans. Disability and unemployment pay just enough to keep the lights on. You are not lft with […]
You Filed an Answer in Your New York Debt Collection Case, Now What Happens?
By: Robert J. Nahoum THE PROBLEM: You’ve were served was a summons and complaint in a New York Debt Collection case. You timely filed your answer to the lawsuit and are wondering what will happen next? THE RULES: When you appear in a lawsuit without an attorney you are referred to as “pro se” and your answer to the lawsuit […]
What is the New York Borrowing Statute?
By: Robert J. Nahoum THE PROBLEM: You have been sued by a debt collector and timely answered the lawsuit. You are now preparing your defense. The debt is old and you suspect it may be too old to sue on. How do you calculate the statue of limitations in a New York Debt Collection Case? THE RULES: There is a […]
5 Things to know Before Appearing in the New York City Civil Court for a Debt Collection Case
By: Robert J. Nahoum You’ve been served was a summons and complaint or discovered that you have a default judgment entered against you. It’s a debt collector suing you on an old credit card or medical debt. You filed your answer or your order to show cause and now have a court date. One of the important questions you are […]
What is the New York City Civil Court?
By: Robert J. Nahoum In New York State, the court system is referred to as the “Unified Court System”. However, in reality, the courts are far from unified. Each county has a “Supreme Court”. The Supreme Court has the jurisdictional authority to hear any kind of case but generally only hears cases where the amount in dispute is over $25,000.00. […]
Why Was My Order to Show Cause to Vacate a Default Judgment Denied?
By: Robert J. Nahoum THE PROBLEM: You were recently surprised to find that your bank account was frozen or your wages were garnisheed. You learned that a debt collector had been awarded a default judgment against you. You went to court to file an “Order to Show Cause” to vacate the default judgment but have now just been told that […]
Are Attorneys’ Fees Recoverable in a New York Debt Collection Defense Case?
By: Robert J. Nahoum THE PROBLEM You have been sued by a debt collector, you hired an attorney who timely answered the lawsuit and has won. The debt collector has lost the case because you are not the person who opened the credit card, or perhaps because they don’t have the proof they need to win. Whatever the reason, you […]