Debt Buyer LVNV Funding LLC Filed 4,464 New York Debt Collection Cases In 2015

By: Robert J. Nahoum LVNV Funding LLC is an notorious “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. According to the New York State Unified Court System, LVNV Funding filed more than 4,400 New York debt collection lawsuits in 2015 alone.  Debt […]

NY Debt Collection Law Firm Forster & Garbus Filed 24,792 Debt Collection Cases In 2015

NY Debt Collection Law Firm Forster & Garbus Filed 24,792 Debt Collection Cases In 2015 By: Robert J. Nahoum Forster & Garbus, LLP is an infamous debt collection law-firm representing creditors and debt buyers.  Debt buyers buy up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. […]

NY Debt Collection Law-Firm Selip & Stylianou Filed 14,108 Collection Cases In 2015

By: Robert J. Nahoum The infamous debt collection law-firm Selip & Stylianou, LLP has a very busy year in 2015.  In what many believe was an attempt to escape its heinous reputation for abusing consumers, it changed its name from “Cohen & Slamowitz†to “Selip & Stylianouâ€.  What you call this debt collection mill is off little concern to the […]

Debt Buyer CACH LLC Filed Nearly 3,000 New York Debt Collection Cases In 2015

By: Robert J. Nahoum CACH, LLC is an notorious “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. According to the New York State Unified Court System, CACH, LLC filed nearly 3,000 New York debt collection lawsuits in 2015 which is less than […]

Who Testifies at a Traverse Hearing in a Debt Collection Case?

By: Robert J. Nahoum A traverse hearing is an in-court evidentiary hearing to determine whether a defendant was properly served with a summons and complaint.  According to New York State law, before a court can render a judgment against you, it must first acquire PERSONAL JURISDICTION over you.  Personal jurisdiction is obtained by properly serving the defendant with a summons […]

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 […]