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 […]

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 […]

Have You Been Sued on a Time Barred Debt?

By: 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 […]