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 […]
How Long Do I Have To Answer A Summons & Complaint?
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 […]
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 […]