By: Robert J. Nahoum Overview of New York vehicle repossession law In New York, most car loans are “secured transactions,” meaning the lender has a lien on the vehicle and can repossess after a default (usually missed payments) without going to court, as long as it does not “breach the peace.” After repossession, the lender must follow Article 9 of […]
New York Vehicle Repossession Law: Notices, Deadlines and Deficiency Balance Lawsuits
Who Are the New York City Marshals in Debt Collection (and What Can They Do to You)?
By: Robert J. Nahoum Who Are New York City Marshals? New York City Marshals are independent public officials appointed by the Mayor to enforce civil court judgments, including consumer debt collection judgments in the five boroughs. They are not salaried city employees; instead, they earn statutory fees and a percentage (often called “poundage,” up to 5%) of the money they […]
Judgment Creditor Restraining Notices and Bank Restraints in New York Debt Collection
By: Robert J. Nahoum Judgment creditors in New York often turn to restraining notices and bank restraints as powerful tools to enforce collection after winning a lawsuit. These mechanisms freeze a debtor’s assets, preventing access until the debt is satisfied. Understanding them is crucial for consumers facing debt collection lawsuits. What Is a Restraining Notice? A restraining notice under New […]
How Judgment Creditor Debt Collection Lawyers Use Information Subpoenas to Enforce Judgments in New York
By: Robert J. Nahoum When a debt collector wins a lawsuit and becomes a judgment creditor in New York, the real work begins: turning that paper judgment into money. An information subpoena is one of the primary tools judgment creditor debt collection lawyers use to locate a consumer’s assets so they can enforce a judgment through wage garnishments, bank levies, and property liens. What […]
Can a judgment creditor garnish my tax refund in New York?
By: Robert J. Nahoum Short Answer A private judgment creditor with a New York judgment cannot intercept your federal or New York State tax refund directly, but once that refund is deposited into your bank account it can generally be restrained and levied like other non‑exempt funds, subject to New York’s exemption rules and special protections for certain government‑related “emergency […]
How to Respond to a Debt Collection Lawsuit in New York: FAQs from a Consumer Protection Lawyer
By: Robert J. Nahoum What does it mean if I’ve been served with a debt collection lawsuit in New York? Being “served” with a summons and complaint means a creditor or debt buyer has started a court case against you to collect an alleged debt. The papers will name you as the defendant, identify the plaintiff, state an amount allegedly […]
Sued By Axiom Acquisition Ventures?
Axiom Acquisition Ventures. is a “junk debt buyer”, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. The debt buyers then try to collect the full amount from consumers.
- Calvary Portfolio Services
- Consumer Credit Fairness Act
- Debt
- debt collection
- Debt Collection Defense
Bronx Court Denies Debt Buyer’s Motion for Summary Judgment for Failing to Follow New Consumer Protection Rules
By: Robert J. Nahoum A Bronx judge recently denied debt buyer Cavalry’s motion for summary judgment after finding that the Plaintiff failed to comply with the strict notice requirements of the Consumer Credit Fairness Act (CCFA). The case—Cavalry SPV I, LLC v. Wilkerson (Sup. Ct., Bronx County, Dec. 4, 2024, Hummel, J.)—involved a $4,600 Home Depot credit card debt originally […]
What is the New York Consumer Credit Fairness Act
By: Robert J. Nahoum The New York Consumer Credit Fairness Act (CCFA) is a major reform to the state’s debt collection laws designed to protect consumers from unfair, deceptive, or outdated collection practices. Enacted in 2021, the law gives consumers stronger rights when faced with debt collection lawsuits—especially cases filed by junk debt buyers who purchase old debts for pennies […]
Sued By Zwicker & Associates PC in New York or New Jersey?
By: Robert J. Nahoum THE PROBLEM: Three scenarios might have led you this article: You have just been notified by your bank that your account has been frozen because there is a debt collection judgment against you. You call the bank to find out what’s going on and are told to speak some law-firm called Zwicker & Associates PC. […]