By: Robert J. Nahoum The Problem: You were sued by a debt collector and now a judgment has been entered against you. We hear the term “judgment†often and it may seem basic, but what does it mean to have judgment against you in New York? Understanding the answer to this question will help you to understand what to expect and […]
What is A Debt Collection Judgment?
How Long Do I Have To Answer A Summons & Complaint?
By: Robert J. Nahoum THE PROBLEM: A process server has shown up to your home to deliver a summons and complaint or you’ve come home to find a summons and complaint taped to your door? You’re being sued but how long do you have to file your answer? The Rule: How you were served will guide how long you have to […]
- 15 U.S.C. §1692 et. seq.
- Collection Agencies
- Consumer Protection
- debt collection
- Debt Collection Defense
- debt collector harassment
- Fair Debt Collection Practices Act
Does a Debt Collector Violate the FDCPA When He Threatens to Take My Unemployment Benefits?
By: Robert J. Nahoum THE PROBLEM: You’re out of work, fallen on hard times and your only income is from unemployment benefits. Now you’re being harassed or sued by a debt collector who has threatened to take your unemployment benefits. Can he get away with it? The Rule: Under federal debt collection laws known as the Fair Debt Collection Practices Act […]
- debt collection
- Debt Collection Defense
- debt collector harassment
- Default Judgment
- Fair Debt Collection Practices Act
What Property is Exempt From Debt Collection?
By: Robert J. Nahoum THE PROBLEM: You’ve been sued, there is a judgment against you and now the debt collector is coming to enforce the judgment. You’re broke and out of work, can the debt collector take away your property? The Rule: In New York, as in most states, there is a laundry list of property exempt from judgment enforcement and […]
Why Do Debt Buyers Have Trouble Proving Their Cases?
By: Robert J. Nahoum The Problem: There is an industry out there of companies who buy up portfolios of old consumer debts like credit cards and medical bills for pennies on the dollar. These debt buyers then try to collect those debts from consumers using tactics that often violate federal debt collection laws. Too often, debt buyers sue consumers in […]
Should I Settle My Debt Collection Lawsuit and For How Much?
By: Robert J. Nahoum THE PROBLEM: You’ve been sued in a debt collection case; you or your attorney has been negotiating with the debt collection lawyer and you must decide whether to settle or to fight. The answer is not always clear; there are many factors you must consider. CONSIDERATIONS: Who Has Sued You? Before deciding whether to settle and for […]
Dirty Little Debt Collection Secrets
By: Robert J. Nahoum Once upon a time, as a fresh-faced lawyer right out of law school, I worked as a debt collection attorney. Fortunately, not long after I found some religion and flipped – I am now (and have been for some time) committed to protecting consumer against debt collectors. So, with that background I am going to let a […]
Have You Been Sued on a Time Barred Debt?
By:Â Robert J. Nahoum Among the worst debt collector tricks is suing on time-barred debts. I find this trick particularly dirty because it requires not only the debt buyer, but the collection agency and their attorneys to collude and contribute to this clear consumer protection violation. These days, consumer debt buying is a thriving $100 billion a year industry. Debt buyers […]
Help, My Bank Account is Frozen!
By: Robert J. Nahoum In New York, the quickest way for a debt collector to collect on a judgment is with a frozen or “restrained†bank account. Often, a consumer doesn’t even know he or she has been sued in a debt collection law suit until a check bounces or the ATM won’t spit out any money. Under New York law, […]
What Is a New York Default Judgment and What Can You Do About It?
By: Robert J. Nahoum Here in New York, it is an all too common occurrence that you head to the ATM for some cash or break out your debit card to swipe for the groceries and embarrassingly learn that your bank account has been frozen. “How can this have happened? I was never even sued!†Turns out, you were sued by […]