By: Robert J. Nahoum THE PROBLEM: You’ve been sued, there is a judgment against you and now the debt collector is coming to enforce the judgment. You’re broke and out of work, can the debt collector take away your property? The Rule: In New York, as in most states, there is a laundry list of property exempt from judgment enforcement and […]
- debt collection
- Debt Collection Defense
- debt collector harassment
- Default Judgment
- Fair Debt Collection Practices Act
What Property is Exempt From Debt Collection?
How Will My Taxes Be Affected by Settling a Consumer Debt?
By: Robert J. Nahoum THE PROBLEM: You settled a credit card debt this past year and thought you were done with it forever. Now, a tax form curiously shows up in the mail from the same creditor with whom you settled. All too often people over look the potential tax consequences of settling their debts. The Rule: Depending on how […]
What’s the Difference Between a Debt Buyer and an Original Creditor?
By: Robert J. Nahoum THE PROBLEM: An unfamiliar name shows up on your credit report as a company you owe money; you get debt collection letter in the mail saying you owe money to a company you’ve never heard of; you’re being sued for a debt by a company you don’t know. The reason you’ve never heard of these companies […]
Why Do Debt Buyers Have Trouble Proving Their Cases?
By: Robert J. Nahoum The Problem: There is an industry out there of companies who buy up portfolios of old consumer debts like credit cards and medical bills for pennies on the dollar. These debt buyers then try to collect those debts from consumers using tactics that often violate federal debt collection laws. Too often, debt buyers sue consumers in […]
Must A Collection Agency Be Licensed In New York?
By: Robert J. Nahoum THE PROBLEM: You’re being pursued by a collection agency or perhaps one has already sued you. The collection letter or the summons and complaint you received do not disclose a collection agency license number.  Does that debt collector have to be licensed? The Rule: There is no across the board New York state rule requiring someone acting […]
Should I Settle My Debt Collection Lawsuit and For How Much?
By: Robert J. Nahoum THE PROBLEM: You’ve been sued in a debt collection case; you or your attorney has been negotiating with the debt collection lawyer and you must decide whether to settle or to fight. The answer is not always clear; there are many factors you must consider. CONSIDERATIONS: Who Has Sued You? Before deciding whether to settle and for […]
Was I Properly Served With a Summons and Complaint?
By: Robert J. Nahoum The Problem: Were you surprised to learn that your bank account has been frozen or your wages have been garnisheed? If your answer is yes, a debt collector likely has a default judgment against you from a lawsuit you had no idea had been filed. In debt collection lawsuits, most cases are won on default where the […]
How To Answer a Summons and Complaint in a Debt Collection Lawsuit
By: Robert J. Nahoum So you’ve just been served with a summons and complaint in a debt collection lawsuit. Now what do you do? By some estimates, 95% of debt collection lawsuits are won by default. Often, the consumer failed to answer because he or she had no idea the suit had even been filed. But the remaining consumers default for […]
Help, My Wages Are Being Garnisheed!
By: Robert J. Nahoum In New York, one of the most effective ways for a debt collector to collect on a judgment is to garnishee your wages. While the debt collector can only recover 10% of your wages, he hopes that he can shame and embarrass you into paying more before your employer finds out. Importantly, you must first understand that […]
Dirty Little Debt Collection Secrets
By: Robert J. Nahoum Once upon a time, as a fresh-faced lawyer right out of law school, I worked as a debt collection attorney. Fortunately, not long after I found some religion and flipped – I am now (and have been for some time) committed to protecting consumer against debt collectors. So, with that background I am going to let a […]