By: Robert J. Nahoum Embattled New York debt collection law firm Mel Harris & Associates has closed its doors forever. Through its harassing and abusive debt collection tactics, Mel Harris & Associates has disrupted the lives of tens of thousands of New York consumers for years. Â Well, it appears the chickens finally came home to roost. Mel Harris & Associates […]
Mel Harris & Associates Is Out of Business
Kirschenbaum & Phillips, PC – Sloppy and Noncompliant
By: Robert J. Nahoum Infamous debt collection law-firm Kirschenbaum & Phillips, PC was bench slapped by Federal District Court Judge Eric N. Vitaliano for its “sloppiness and inattention to rules and detail” in a scathing opinion issued by the Court. The matter entitled Rivero v. Kirschenbaum & Phillips, PC, was filed in United States District Court, Eastern District of New […]
Can a Debt Collector Levy on my Security Deposit?
By: Robert J. Nahoum THE PROBLEM You were sued by a debt collector on an old credit card debt and the debt collector has been awarded a default judgment by the court. You just heard from your landlord and he tells you that he received instructions from the debt collector to freeze your security deposit. Can the debt collector do […]
What is the Marshal and a Sheriff’s “Poundage” in a NY Debt Collection Lawsuit?
By: Robert J. Nahoum When a money judgment has been entered against a debtor in a New York debt collection lawsuit, the New York City Marshal (or County Sheriff outside of New York City) is typically engaged to assist the debt collection lawyer in enforcing the judgment.  The Marshal or Sheriff is the court’s civil enforcement officer and has the […]
What is the Difference Between a Marshal and a Sheriff in a NY Debt Collection Lawsuit?
By: Robert J. Nahoum Partial victory for a debt collector in a New York debt collection lawsuit is the award of a judgment. A judgment is a decree from the court, reduced to a piece of papers, stating that the debt collector has won the lawsuit and is entitled to a certain amount of money from the debtor. Â More than […]
Is Sewer Service an FDCPA Violation?
By: Robert J. Nahoum THE PROBLEM The cashier at the grocery store rings you up, you swipe your debit card and embarrassingly, the cashier tells you that your card is no good. You call your bank and are told that your bank account has been frozen. How can this have happened? Turns out, you were sued by a debt collector, […]
Does the FDCPA Cover Personal Guarantees of Business Debt?
By: Robert J. Nahoum Federal debt collection laws, known as the Fair Debt Collection Practices Act (FDCPA for short), regulates the conduct of third party debt collectors. The FDCPA generally prohibits debt collectors from using abusive debt collection tactics that are false, misleading and harassing. If a debt collector violates the FDCPA, you can sue for statutory damages up to […]
What is “Account Stated” in a Debt Collection Lawsuit?
By: Robert J. Nahoum THE PROBLEM Anyone who has been sued for an old debt will tell you that the process can be terribly confusing. The court papers used by the debt collectors are filled with legal jargon that makes little if any sense to non-lawyers. Debt collectors are always – 100% percent of the time – represented by attorneys […]
What is a New York Transcript of Judgment?
By: Robert J. Nahoum If you’ve been sued and a debt collector and a judgment has been against you, that judgment allows the debt collector to garnishee wages , freeze your bank accounts and levy on your non-exempt property including your home or other real property. In New York, the lien on real property is a passive method for enforcing […]
Your Court Settlement is in the Reach of Creditors
By: Robert J. Nahoum If you are broke, out of work, on social security, disability or unemployment and you have no non-exempt assets then you are what is called “judgment proofâ€. That means that there simply is nothing a debt collector can take from you – you can’t get blood from a stone. For this reason, many judgment proof consumers […]