By: Robert J. Nahoum THE PROBLEM The economy has been rough for so many working people. Like many others you relied on credit cards to make ends meet between jobs. Now that you’re working again, you’re trying to pick up the pieces. The credit card companies don’t care what your story is, they don’t care how you got where you […]
Can You Have Your Wages Be Garnisheed by More Than one Judgment Creditor at a Time?
Who Are the Parties to a Debt Collection Lawsuit?
By: Robert J. Nahoum Being sued for a debt is stressful enough. The process is made even more stressful when it is unclear who all the various parties to a debt collection lawsuit are. THE PLAINTIFF In every lawsuit, the party who brings the suit is called the “Plaintiffâ€. The Plaintiff in a debt collection lawsuit is either the party […]
What is a Stipulation in a New York Debt Collection Case?
By: Robert J. Nahoum The Problem: You have been sued by a debt collector and have come to terms on a settlement but the debt collector wants you to sign something called a “stipulationâ€. What is a stipulation in a New York Debt Collection Case? The Rules: Under most circumstances, the procedural rules in a New York debt collection lawsuit […]
NY Dept. of Financial Services Issues Guidance on New Debt Collection Regulations
By: Robert J. Nahoum As part of the roll out of the new New York debt collection laws, the New York Department of Financial Services has issued guidance through a “Frequently Asked Questions†page on its website. The FAQs clarifies the extent of the regulations and debt collectors’ responsibilities. The FAQ states that: “Does 23 NYCRR 1 apply to the […]
Will I Have to Appear In Court in a Debt Collection Lawsuit?
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. It’s a debt collector suing you on an old credit card or medical debt.  You’ve done your homework on the internet and realized that you can’t simply ignore the case as that will only make […]
Superior Court of NJ Special Civil Part, The NJ Debt Collection Court
By: Robert J. Nahoum Each county in New Jersey has a Superior Court. Within that Superior Court there are three different divisions that hear different kinds of cases. The three divisions are: (1) The Law Division – Civil Part which has no monetary limit on the value of cases and usually hears cased involving automobile accidents, medical malpractice and commercial […]
Sued By Pressler and Pressler in NY or NJ?
By: Robert J. Nahoum THE PROBLEM: You have just been served was a summons and complaint, the law-firm Pressler and Pressler, LLP is listed as the attorney for some company you have never heard of who is suing you for an old debt you’re not familiar with. WHO IS PRESSLER AND PRESSLER, LLP?: Pressler and Pressler is most often identified […]
In What Courts Are New York Debt Collection Cases Filed?
By: Robert J. Nahoum The New York court system is called the “New York State Unified Court Systemâ€. However, the courts don’t always seem to be “unifiedâ€. There are a variety of different courts in different parts of the state that hear different kinds of cases. Each county has a “Supreme Courtâ€. The Supreme Court has the jurisdictional authority to […]
2nd Cir. Court Of Appeals Allows Fraudulent Default Judgment Class Action to Proceed
By: Robert J. Nahoum THE PROBLEM: In the matter Sykes et al v. Mel S. Harris and Associates LLC et al, the U.S. Court of Appeals, 2nd Circuit has ruled that a district court was in its rights to grant class action status to a case in which debt buyer Leucadia National Corp and its lawyers Mel Harris and Associates […]
Sued By Razor Capital, LLC In New York or New Jersey?
By: Robert J. Nahoum THE PROBLEM: You have just been served was a summons and complaint. Razor Capital, LLC is suing you for an old debt. WHO IS RAZOR CAPITAL, LLC?: Razor Capital, LLC is an infamous “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies […]