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, […]
Is Sewer Service an FDCPA Violation?
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 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 […]
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 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 […]
Debt Collection Law-Firm Eltman, Eltman and Cooper, PC Has Been Growing
By: Robert J. Nahoum Infamous debt collection law firm Eltman, Eltman and Cooper, PC started as a local New York debt collection mill but have been rapidly growing. Â According to their website, Eltman, Eltman and Cooper is now collecting debts in California, Florida, Georgia, Kentucky, Michigan, New Jersey, New York, Ohio, Pennsylvania, Tennessee and Texas. Eltman, Eltman and Cooper began […]
Will I Have Miss Work for My Debt Collection Case?
By: Robert J. Nahoum The Problem: You’ve been served was a summons and complaint or discovered that you have a default judgment entered against you. You’ve been sued by a debt collector on an old debt.  You filed your answer to the lawsuit or filed an order to show cause to vacate the default judgment and the court has scheduled […]
What Happens at a Debtor Exam?
By: Robert J. Nahoum The Problem: You were sued by a debt collector and a judgment has been entered against you. The judgment creditor is hell bent on collecting on that judgment and has served you with a subpoena for a debtor exam. What is it and what should you expect? The Rules: After a judgment has been entered against […]