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 the Debt Collection Statute of Limitations in New York?
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 […]
How To Ensure Debt Collection Lawyers Obey The Law
By: Robert J. Nahoum Federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short) regulates the collection of consumer debts by third party debt collectors.  The FDCPA precludes debt collectors from using false, misleading, deceptive and harassing debt collection tactics. A “debt collector†is defined under the FDCPA as “any person who . . . […]
NY Court System Adopts New Rules For Consumer Debt Collection Cases
By: Robert J. Nahoum New York Chief Judge Jonathan Lippman announced that new rules have been adopted to prevent the entry of unwarranted default judgments in the 100,000 plus debt collection cases filed yearly in New York state courts. According the Chief Administrator’s office, “the new rules reflect the most comprehensive effort by a court system nationally to ensure a […]
A Check List of Steps For Filing an Order to Show Cause to Vacate a Default Judgment
By: Robert J. Nahoum You have just discovered that a default judgment has been entered against you by a debt collector because you didn’t answer a debt collection lawsuit.  In order to reverse (or as the lawyers call it “vacateâ€) a default judgment, you need to file an “Order to Show Cause†with the court. Here is a checklist of […]
A Check List for Answering a Debt Collection Lawsuit in New York Pro Se
By: Robert J. Nahoum You’ve come home to find legal papers taped to your door. A closer look reveals that the legal papers are a debt collection summons and complaint – you are being sued you for an old debt.   A summons and complaint in a debt collection lawsuit must be answered and never ignored or risk the certainty of […]