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), […]
- 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
- 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 […]
- debt collection
- Debt Collection Defense
- debt collector harassment
- Default Judgment
- Fair Debt Collection Practices Act
What Property is Exempt From Debt Collection?
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 […]
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 […]