By: Robert J. Nahoum THE PROBLEM: Federal debt collection law known as the Fair Debt Collection Practices Act (FDCPA for short), is designed to prevent debt collectors from using unfair, false, misleading and harassing debt collection tactics. However, the FDCPA generally does not apply to original creditors.  In other words, with some exceptions, the banks issuing credit cards, the hospitals extending […]
Will Original Creditors Soon Have to Comply With Federal Debt Collection Regulations?
- 15 U.S.C. §1692 et. seq.
- Consumer Protection
- debt collection
- Debt Collection Defense
- debt collector harassment
- Fair Debt Collection Practices Act
Was I Sued in the Right Place?
By: Robert J. Nahoum THE PROBLEM: You have been sued by a debt collector for a consumer debt in a county, city, town or state where you don’t live. Can the debt collector do that? The Rule: In legal jargon, the term “venue†refers to the proper geographic place where a court can hear a case. State and federal venue laws […]
- 15 U.S.C. §1692 et. seq.
- Consumer Protection
- debt collector harassment
- Fair Debt Collection Practices Act
Calling a Consumer Debtor a Liar May Violate the FDCPA
By: Robert J. Nahoum THE PROBLEM: A debt collector has got you on the phone; you truthfully tell him that you simply don’t have the money to pay and he crudely and obnoxiously calls you a liar. Can he get away with it? The Rule: Under federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short), […]
- Collection Agencies
- Consumer Protection
- debt collector harassment
- Fair Debt Collection Practices Act
Repeated Hang Ups May Violate the FDCPA
By: Robert J. Nahoum THE PROBLEM: You are being hounded by debt collectors, the debt collection calls are coming fast and furious but one of the callers repeatedly hangs up either prior to or as soon as you or your voice mail answers the call. Due to the hang ups, you don’t know the identity of the debt collector or the […]
What is A Debt Collection Judgment?
By: Robert J. Nahoum The Problem: You were sued by a debt collector and now a judgment has been entered against you. We hear the term “judgment†often and it may seem basic, but what does it mean to have judgment against you in New York? Understanding the answer to this question will help you to understand what to expect and […]
- 15 U.S.C. §1692 et. seq.
- Collection Agencies
- Consumer Protection
- debt collection
- debt collector harassment
- Fair Debt Collection Practices Act
Should I Record Debt Collection Calls?
By: Robert J. Nahoum THE PROBLEM: You’re behind on your bills and debt collectors are hot on your trail. The debt collection letters are pouring in the door and the phone is ringing off the hook. Something about those debt collection calls doesn’t sound right.  You’re being told information that is false, misleading or harassing. Can you record these calls and […]
3rd Circuit Rules Debt Collection Letter Violates The FDCPA Because It Can Be Reasonably Read To Have Two Or More Different Meanings, One Of Which Is Inaccurate
By: Robert J. Nahoum Consumer Ray Caprio filed a lawsuit in the Federal District Court for the District of New Jersey against debt collector Healthcare Revenue Recovery Group, LLC claiming that a debt collection letter he received violated Fair Debt Collection Practices Act (FDCPA) because it could confuse “the least sophisticated consumer†into taking two different courses of action.  The letter […]
How Long Do I Have To Answer A Summons & Complaint?
By: Robert J. Nahoum THE PROBLEM: A process server has shown up to your home to deliver a summons and complaint or you’ve come home to find a summons and complaint taped to your door? You’re being sued but how long do you have to file your answer? The Rule: How you were served will guide how long you have to […]
What Are Private Attorneys General?
By: Robert J. Nahoum THE PROBLEM: In each state, the protection of consumers from unscrupulous businesses is left in the hands of the Attorney General. However, because they have limited budgets and are elected officials subject to the political whims of the day, Attorneys General are not capable of addressing each instance of commercial wrong doing. THE RULE: To ease the […]
- 15 U.S.C. §1692 et. seq.
- Collection Agencies
- Consumer Protection
- debt collection
- Debt Collection Defense
- debt collector harassment
- Fair Debt Collection Practices Act
Does a Debt Collector Violate the FDCPA When He Threatens to Take My Unemployment Benefits?
By: Robert J. Nahoum THE PROBLEM: You’re out of work, fallen on hard times and your only income is from unemployment benefits. Now you’re being harassed or sued by a debt collector who has threatened to take your unemployment benefits. Can he get away with it? The Rule: Under federal debt collection laws known as the Fair Debt Collection Practices Act […]