By: Robert J. Nahoum If you discovered a default judgment against you for a debt you don’t recall being sued over, you may have been the victim of improper service of process. At The Law Offices of Robert J. Nahoum, P.C., we help consumers undo these judgments using a legal mechanism called an Order to Show Cause (OSC). Below are answers to the most common […]
FAQ: Order to Show Cause to Vacate Default Judgment for Improper Service in New York
FAQ Guide: What to Do If You Receive an Information Subpoena as a Judgment Debtor in New York
By: Robert J. Nahoum Receiving an information subpoena after a debt collector wins a judgment against you can be stressful, but knowing your rights and obligations under New York law helps you respond wisely. Below, The Law Offices of Robert J. Nahoum, PC answers the most common questions judgment debtors ask about these subpoenas. If you need personalized help with consumer debt defense, contact […]
Restraining Notices & Frozen Bank Accounts in New York: Your Essential FAQ Guide
By: Robert J. Nahoum Has Your Bank Account Been Frozen by a Debt Collector? Learning that your bank account is frozen is one of the most stressful financial events a consumer can face. In New York, this is often the result of a Restraining Notice served by a judgment creditor or debt collector. If you are facing this situation, you need immediate, […]
FAQ: Wage Garnishment in New York – What Consumers Need to Know
By: Robert J. Nahoum What Is Wage Garnishment in a Debt Collection Case? Wage garnishment (called an “income execution” in New York) is a post-judgment remedy where a debt collector takes money directly from your paycheck to satisfy a court judgment obtained in a consumer debt lawsuit. Unlike tax agencies or child support enforcement, private debt collectors must first sue you, […]
Can a Debt Collector Freeze Your Bank Account If Your Income Is Protected? What New York Consumers Need to Know
By: Robert J. Nahoum Short answer: Yes, a debt collector can still freeze your bank account even if your income is legally protected, but you have powerful rights to get those funds released quickly if you act fast. If you live in New York and have been sued by a debt collector, understanding the difference between a freeze and an actual loss of funds is […]
Top 5 Mistakes Consumers Make When Sued by a Debt Collector in New York
By: Robert J. Nahoum A Frozen Bank Account Is Not an Immediate Loss of Funds Being sued by a debt collector in New York is stressful and confusing. Many consumers make costly mistakes that hurt their chances of defending the case or negotiating a fair resolution. At The Law Offices of Robert J. Nahoum, PC, we’ve helped countless clients stand up to debt […]
Frozen Bank Accounts in New York: Why a Freeze Does Not Mean the Money Is Gone (Yet)
By: Robert J. Nahoum A Frozen Bank Account Is Not an Immediate Loss of Funds In New York, when your bank account is “frozen,” it means a restraining notice been served on your bank, but the money has not necessarily been removed yet. The restraint blocks you from accessing some or all of the funds while the judgment creditor goes through the […]
Understanding the Differences: Collection Agency vs. Original Creditor vs. Debt Buyer in New York
By: Robert J. Nahoum What Is “Substantiation” of Debt in New York? If you live in New York and have been sued or threatened with a lawsuit over a consumer debt, you’ve probably seen one of three names on the summons: an original creditor, a collection agency, or a debt buyer. Knowing who you’re dealing with can make a big difference in how […]
New York’s Powerful “Substantiation” Right vs. Federal “Verification” Under the FDCPA
By: Robert J. Nahoum What Is “Substantiation” of Debt in New York? New York has its own debt collection regulations that give consumers a powerful right to demand “substantiation” of a charged‑off debt, a much more robust standard than federal “verification” under the FDCPA. These rules apply to third‑party debt collectors including debt buyers collecting on charged‑off consumer debt in […]
New York Vehicle Repossession Law: Notices, Deadlines and Deficiency Balance Lawsuits
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 […]