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 […]
What is the New York Borrowing Statute?
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 Systemâ€. However, in reality, the courts are far from unified. Each county has a “Supreme Courtâ€. 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 […]
What Is the Truth in Lending Act in Auto Sales
By: Robert J. Nahoum THE PROBLEM You’ve decided to take the plunge and buy a new car. Like most people, you don’t have enough cash on hand to buy the car outright so you are planning to finance the purchase of your new car. You get to the car dealership, find the car you want and negotiate a price.  Now, […]
How Can Your Smart Phone Help You With Debt Collectors?
By: Robert J. Nahoum THE PROBLEM: Does any of this sound familiar – you lost your job and have fallen behind on bills; or maybe you got sick or hurt and your insurance doesn’t cover all of your medical expenses -the doctors and hospital bills are piling up; or perhaps you just graduated from college and can’t find a job […]
Can an Information Subpoena Violate the FDCPA?
By: Robert J. Nahoum THE PROBLEM: You come home to certified mail notice from the post office. Knowing that few good things come to you by certified mail; you are immediately concerned. Off to the post office you go to uncover the mystery. When you open the envelope, you are baffled to see a legal looking document that calls itself […]
Are Home Owners’ Association Dues Subject to the FDCPA?
By: Robert J. Nahoum THE PROBLEM: You have suffered a health set back or lost your job. You fell behind on bills and your condo, co-op or town house was foreclosed. You thought you left all those troubles behind you but now you are getting debt collection letters and phone calls from a debt collection agency for your former home […]
Can a Debt Collector Charge Interest on an Old Debt?
By: Robert J. Nahoum THE PROBLEM You’ve been getting phone calls and letters from a debt collector on an old credit card bill. The amount they are trying to collect seems to be a lot more than you thought you owed. What can account for the larger than expected balance? Could it be interest? THE RULES Federal debt collection laws […]