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 […]
NY Debt Collection Law-Firm Selip & Stylianou Filed 14,108 Collection Cases In 2015
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 […]
Sued By U.S. Equities Corp. In New York or New Jersey?
By: Robert J. Nahoum THE PROBLEM: You have just been served was a summons and complaint. U.S. Equities Corp.LLC is suing you for an old junk debt. WHO IS U.S. EQUITIES CORP.?: U.S. Equities Corp. is an infamous “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for […]
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 […]
Cavalry Portfolio Failed in Attempt to Force Sale of Home in Satisfaction of Debt Collection Judgment Due to Senior Encumbrances
By: Robert J. Nahoum Judgment creditors have a wide variety of devices at their disposal to enforce debt collection judgments. The most common of these are bank freezes and wage garnishments. Another, less common buy far more destructive is the sale of a judgment debtor’s home. New York law permits a judgment creditor to force the sale of a judgment […]
Cavalry Portfolio Services Defeated in Summary Judgment and Hearing Ordered for Sanctions Due to Counsel’s Frivolous Conduct
By: Robert J. Nahoum In a debt collection lawsuit, the Plaintiff (the party bringing the lawsuit) always has the burden to prove that the Defendant (the party being sued) is responsible for the debt. To meet this burden, a junk debt buyer like Cavalry Portfolio Services must prove that (1) it has the right to sue; (2) the debt is […]