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’s Powerful “Substantiation” Right vs. Federal “Verification” Under the FDCPA
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 […]
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 […]
How New York Debt Collection Lawyers Use Wage Garnishments (Income Executions) to Enforce Judgments
By: Robert J. Nahoum What Is a Wage Garnishment (Income Execution) in New York? In New York, wage garnishment is called an income execution and is governed primarily by CPLR §5231. An income execution is a court-backed order directing that a portion of a judgment debtor’s paycheck be withheld and paid toward a debt collection judgment. Before a creditor can garnish wages, […]
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 […]