By: Robert J. Nahoum THE PROBLEM You were sued by a debt collector on an old credit card debt and the debt collector has been awarded a default judgment by the court. You just heard from your landlord and he tells you that he received instructions from the debt collector to freeze your security deposit. Can the debt collector do […]
What is the Marshal and a Sheriff’s “Poundage” in a NY Debt Collection Lawsuit?
By: Robert J. Nahoum When a money judgment has been entered against a debtor in a New York debt collection lawsuit, the New York City Marshal (or County Sheriff outside of New York City) is typically engaged to assist the debt collection lawyer in enforcing the judgment. The Marshal or Sheriff is the court's civil enforcement officer and has the […]
What is the Difference Between a Marshal and a Sheriff in a NY Debt Collection Lawsuit?
By: Robert J. Nahoum Partial victory for a debt collector in a New York debt collection lawsuit is the award of a judgment. A judgment is a decree from the court, reduced to a piece of papers, stating that the debt collector has won the lawsuit and is entitled to a certain amount of money from the debtor. More than […]
Is Sewer Service an FDCPA Violation?
By: Robert J. Nahoum THE PROBLEM The cashier at the grocery store rings you up, you swipe your debit card and embarrassingly, the cashier tells you that your card is no good. You call your bank and are told that your bank account has been frozen. How can this have happened? Turns out, you were sued by a debt collector, […]
What is “Account Stated” in a Debt Collection Lawsuit?
By: Robert J. Nahoum THE PROBLEM Anyone who has been sued for an old debt will tell you that the process can be terribly confusing. The court papers used by the debt collectors are filled with legal jargon that makes little if any sense to non-lawyers. Debt collectors are always – 100% percent of the time – represented by attorneys […]
What is a New York Transcript of Judgment?
By: Robert J. Nahoum If you've been sued and a debt collector and a judgment has been against you, that judgment allows the debt collector to garnishee wages , freeze your bank accounts and levy on your non-exempt property including your home or other real property. In New York, the lien on real property is a passive method for enforcing […]
Your Court Settlement is in the Reach of Creditors
By: Robert J. Nahoum If you are broke, out of work, on social security, disability or unemployment and you have no non-exempt assets then you are what is called "judgment proof". That means that there simply is nothing a debt collector can take from you - you can't get blood from a stone. For this reason, many judgment proof consumers […]
What is Mediation in a Debt Collection Lawsuit?
By: Robert J. Nahoum THE PROBLEM You have been sued by a debt collector and timely answered the lawsuit. You've received notice that you need to appear in court for mediation? What is mediation, what can you do to prepare and what should you expect? THE RULES In an effort to move debt collection cases through the extraordinarily overburdened court […]
The Ripple Effect of a Default Judgment
By: Robert J. Nahoum Debt collection lawyers' bread and butter are default judgments because they are the quickest and easiest way to hang up consumers for old debts. The fastest way to a default judgment is when the consumer fails answer the complaint. If you are unaware that you have been sued, the debt collector can have a default judgment […]
What is the Difference Between a Summons and a Complaint?
By: Robert J. Nahoum Anyone who has ever been sued in a debt collection lawsuit should be familiar with the court documents collectively referred to as the "summons and complaint". The two documents have become almost interchangeably viewed as one document but in reality, they are two documents with two distinct purposes. The summons is document which advises you that […]