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 . . . […]
How To Ensure Debt Collection Lawyers Obey The Law
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 […]
What is An Order to Show Cause to Vacate a Default Judgment?
By: Robert J. Nahoum The Problem: You’re at the grocery store buying the family groceries, the cashier rings you up and you swipe your debit card; embarrassingly, the cashier tells you that your card is no good. You call your bank and are told that your bank account has been frozen. How can this have happened?  Turns out, you were […]
How Many New York Debt Collection Cases Did Unifund CCR, LLC File in 2013?
By: Robert J. Nahoum Unifund CCR, LLC is an notorious “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. According to the New York State Unified Court System, Unifund CCR, LLC filed more than 1,300 New York debt collection lawsuits in 2013 alone. These […]
Sued By Unifund CCR, LLC In New York or New Jersey?
By: Robert J. Nahoum The PROBLEM: You have just been served was a summons and complaint. Unifund CCR LLC is suing you for an old debt. WHO IS UNIFUND CCR, LLC?: Unifund CCR, LLC, also known as Unifund CCR Partners is an infamous “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies […]
Debt Buyers Are Expanding Their Reach to Judgment Buying
By: Robert J. Nahoum The Problem: 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. Even worse, your boss calls you into his office to tell you that he received a wage garnishment for you. Turns out, you were sued by […]
How Many New York Debt Collection Cases Did Portfolio Recovery Associates, LLC File in 2013?
By: Robert J. Nahoum Portfolio Recovery Associates, LLC is a notorious “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. According to the New York State Unified Court System, Portfolio Recovery Associates, LLC filed more than 17,100  New York debt collection lawsuits in 2013 […]
How Many New York Debt Collection Cases Did New Century Financial Services, Inc. File in 2013?
By: Robert J. Nahoum New Century Financial Services, Inc. is an notorious “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. According to the New York State Unified Court System, New Century Financial Services, Inc. filed more than 10,300 New York debt […]