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 […]

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 […]

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 […]

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 […]

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 […]

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 proofâ€.  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 […]

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 […]

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 complaintâ€.  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 […]