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 […]
Can a Debt Collector Freeze Your Bank Account If Your Income Is Protected? What New York Consumers Need to Know
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 […]
New York City’s New SHIELD Rule: FAQ for Consumers Sued by Debt Collectors
By: Robert J. Nahoum What Is New York City’s New SHIELD Rule? New York City has adopted a new “Stopping Harassment and Intimidation and Ensuring Lawful Debt (SHIELD) Collection Rule” that significantly strengthens protections for people facing debt collection in the five boroughs. It goes beyond the federal Fair Debt Collection Practices Act (FDCPA) by adding stricter limits on communications, […]
New York Judgment Exemptions FAQ – What Can Debt Collectors Take?
By: Robert J. Nahoum What are judgment exemptions in New York? Judgment exemptions are protections in New York and federal law that keep certain income and property safe from most judgment creditors’ reach. These rules limit what debt collectors can take through wage garnishments, bank restraints, and property levies, even after they win a judgment against you. If a debt […]
NYC Marshal Ronald Moses – Wage Garnishment: Defending Against Debt Collection Enforcement
By: Robert J. Nahoum Who is Marshal Ronald Moses? Marshal Ronald Moses, badge #10, is a prominent NYC City Marshal based at 111 John Street, Suite 500, New York, NY 10038. He works with debt collection law firms across NYC to execute Civil Court judgments, including bank restraints and wage garnishments, earning commissions like 5% poundage on collections. In 2010, […]
Who Is Marshal Bienstock and How Does He Garnishee Wages in New York City?
By: Robert J. Nahoum Who is Marshal Martin Bienstock? Martin A. Bienstock is a New York City Marshal (Badge No. 75) who works with debt collection law firms across New York City to execute judgments by garnishing wages and restraining bank accounts. NYC marshals are public officers appointed by the Mayor, but they are not salaried city employees and instead […]