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 […]
Can a judgment creditor garnish my tax refund in New York?
New York Passes Coerced Debt Law, A Critical Protection for Survivors of Economic Abuse
By: Robert J. Nahoum New York’s new coerced debt law protects survivors of economic abuse from coerced credit card, loan, and household debts and creates powerful defenses to collection. What Is Coerced Debt? New York has enacted a landmark coerced debt law that targets debts created through economic abuse rather than true, informed consent by the consumer. Coerced debt typically […]
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 […]
Jefferson Capital, a Minnesota-Based Debt Collection Firm, Hit With Class Claims in Philly
By: Robert J. Nahoum Introduction Consumers across the country continue to push back against aggressive debt collection tactics, and Jefferson Capital is the latest collector to face serious legal heat in Philadelphia. A new putative class action accuses the Minnesota-based junk debt buyer of violating consumer protection laws through its collection and credit reporting practices, raising important questions for consumers. […]
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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 Capital One Bank (USA), N.A.?
By: Robert J. Nahoum WHY YOU’RE HERE You may have landed here because: Your bank account is suddenly frozen due to a judgment from Capital One Bank (USA), N.A.. You’ve received a notice from your County Sheriff or a New York City Marshall that your wages will be garnisheed because there is a debt collection judgment against you from Capital […]
Sued By Malen & Associates PC?
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 Malen & Associates PC. […]
Sued By Roach & Murtha Attorneys at Law?
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 Roach & Murtha Attorneys at […]
Sued By Velocity Investments LLC 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 by some company called Velocity Investments LLC. You’ve received a notice from your County Sheriff or a New York City Marshall that […]