By: Robert J. Nahoum Under 23 NYCRR § 1.4, “substantiation of a debt” means the debt collector must supply written documentation proving that the consumer actually owes the charged‑off debt and that the collector has the right to collect it. While the rule only applies to “charged‑off” consumer debts, in practice many collectors follow similar procedures when any consumer disputes […]
What It Means to Demand Substantiation of a Debt in New York
Sued by Synchrony Bank?
By: Robert J. Nahoum WHY YOU’RE HERE You may have landed here because: Your bank account is suddenly frozen due to a judgment from Synchrony Bank. You’ve received a notice from your County Sheriff or a New York City Marshall that your wages will be garnisheed because there is a debt collection judgment against you from Synchrony Bank. A process […]
New York Passes Coerced Debt Law, A Critical Protection for Survivors of Economic Abuse
By: Robert J. Nahoum New York’s new coerced debt law protects survivors of economic abuse from coerced credit card, loan, and household debts and creates powerful defenses to collection. What Is Coerced Debt? New York has enacted a landmark coerced debt law that targets debts created through economic abuse rather than true, informed consent by the consumer. Coerced debt typically […]
How to Respond to a Wage Garnishment Notice in New York: FAQ Guide
By: Robert J. Nahoum What is wage garnishment? Wage garnishment is a legal process where a creditor with a court judgment orders your employer to withhold part of your paycheck to pay a debt. In New York, creditors must first sue you, win, and obtain a judgment before they can garnish your wages. What does a notice of wage garnishment […]
The FAIR Business Practices Act – NY GBL §349 Amended for First Time in 45 Years
By: Robert J. Nahoum Key amendments to NY GBL § 349 under the FAIR Business Practices Act. Amendments to NY GBL § 349 Aspect of GBL § 349 Pre‑Amendment Rule / Post‑Amendment Rule Scope of prohibited conduct – Pre: Prohibited only deceptive acts or practices that mislead or are likely to mislead reasonable consumers. – Post: Explicitly prohibits deceptive, unfair, and abusive acts or practices, significantly […]
Is Your Car Dealer Ripping You Off? How to Analyze a Retail Installment Sales Contract
By: Robert J. Nahoum Walking into a car dealership can feel like entering a high-stakes negotiation. You’ve picked the car and agreed on a price, but then comes the “fateful” moment in the Finance & Insurance (F&I) office. They slide a long, legalistic document in front of you: the Retail Installment Sales Contract (RISC). Most buyers sign it without a […]
FAQ: How to Respond to a Frozen Bank Account or Wage Garnishment in New York
By: Robert J. Nahoum Finding out your bank account is “restrained” (frozen) or that your paycheck is being garnished can be a terrifying experience. In most cases, these aggressive collection tactics happen because a “default judgment” was entered against you—often without you even knowing you were being sued. At The Law Offices of Robert J. Nahoum, P.C., we help New […]
How to Respond to a Debt Collection Lawsuit in New York: FAQs from a Consumer Protection Lawyer
By: Robert J. Nahoum What does it mean if I’ve been served with a debt collection lawsuit in New York? Being “served” with a summons and complaint means a creditor or debt buyer has started a court case against you to collect an alleged debt. The papers will name you as the defendant, identify the plaintiff, state an amount allegedly […]
Electronic Funds Transfer Act (EFTA) FAQs: Your Rights After Unauthorized Transfers and Banking Errors
By: Robert J. Nahoum What is the Electronic Funds Transfer Act (EFTA)? The Electronic Funds Transfer Act is a federal law, codified at 15 U.S.C. § 1693 et seq., that protects individual consumers who use electronic methods to move money, such as ATM withdrawals, debit card purchases, point‑of‑sale transactions, ACH transfers, and certain wire or remittance transfers. Its purpose is […]
Electronic Funds Transfer Act Timelines: Deadlines for Consumers and Banks After Unauthorized Transfers
By: Robert J. Nahoum Why EFTA Timelines Matter Under the Electronic Funds Transfer Act (EFTA) and Regulation E, strict timelines control when consumers must report unauthorized electronic transfers and how quickly banks must investigate and resolve those disputes. Missing these deadlines can shift thousands of dollars of loss from the bank onto the consumer. Understanding these timelines is critical for […]