By: Robert J. Nahoum THE PROBLEM: You’ve come home from a long day at work and find papers taped to your door. You take a closer look and realize you are being sued in the New York City Civil Court, Bronx County a by a debt collector who says you failed to pay an old debt. Now what do you […]
How To Answer a Summons and Complaint in a Bronx Debt Collection Lawsuit
Three Tips for Defending a Debt Buyer Collection Case
By: Robert J. Nahoum A knock on the door, you open up and are handed court papers. That knock was from a process server and as it turns out you’re being sued. You read the caption of the court paper and have no clue who this company is and why they are suing. You read further down the page and […]
A Checklist For Proper Service of a NY Debt Collection Summons and Complaint
By: Robert J. Nahoum In New York debt collection lawsuits, most cases are won on default where the consumer never answered the complaint. Many consumers don’t answer because they don’t know they’ve been sued. Most don’t know they’ve been sued because the debt collector never properly served copies of the summons and complaint. According to New York State law, before […]
Midland Funding Sanctioned by NY Court for Frivolous Collection Case
By: Robert J. Nahoum In a scathing opinion, Judge Mark A. Gross of the Mount Vernon City Court sanctioned infamous debt buyer Midland Funding, LLC and two of its in-house attorneys, Amanda Perez, Esq. and Crystal Scott, Esq., for filing a frivolous lawsuit and other wrong doing. In the matter Midland Funding LLC v. Vivia Austinnam A/K/A Vivia Nam, six […]
What is the Debt Collection Statute of Limitations in New York?
By: Robert J. Nahoum THE PROBLEM: A debt collector has been sending you letters, calling you on the phone and may have even sued you. It’s been like pulling teeth to get the debt collector to explain what the debt is and where it came from. As it turns out, the debt collector is not the company that originally extended […]
What is an Inquest in a New York Debt Collection Case?
By: Robert J. Nahoum The Problem: You have been sued by a debt collector and filed an answer in response to the debt collection complaint. Weeks and months have passed by and now you have received a notice in the mail that says an inquest has been scheduled. What is an inquest? The Rules: Generally speaking, an inquest is a […]
What is Doing Well by Doing Good?
By: Robert J. Nahoum You are being harassed by a debt collector; or perhaps you’re being sued on an old credit card debt; or maybe you’ve been screwed by a dirt-bag car dealer. Whatever the case may be, when a consumer is victimized and in need of legal representation, the thought of paying for a lawyer seems like adding insult […]
Favorable Settlement with National Collegiate Student Loan Trust
By: Robert J. Nahoum National Collegiate Student Loan Trust (NCSLT) is a very busy company that few people have ever heard of. Much like the mortgages involved in the financial and foreclosure crisis of just a few years ago, private student loans are packaged together as investments and sold on Wall Street. Those packages of loans are held in trust […]
Can a Debt Collector Restrain My Entire Bank Account?
By Robert J. Nahoum THE PROBLEM: You have just been notified by your bank that your account has been frozen by a debt collector who was awarded a judgment against you in a lawsuit on an old debt. You just got paid and you need that money to pay the rent, the utility, the groceries, your car payment, your […]
What To Do When a Debt Collector Freezes a Joint Bank Account
By: Robert J. Nahoum THE PROBLEM: 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 lawsuit until a check bounces or the ATM doesn’t spit out any money. The problem […]