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 […]
- debt collection
- Debt Collection Defense
- debt collector harassment
- Default Judgment
- Fair Debt Collection Practices Act
What Property is Exempt From Debt Collection?
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 […]
Should I Settle My Debt Collection Lawsuit and For How Much?
By: Robert J. Nahoum THE PROBLEM: You’ve been sued in a debt collection case; you or your attorney has been negotiating with the debt collection lawyer and you must decide whether to settle or to fight. The answer is not always clear; there are many factors you must consider. CONSIDERATIONS: Who Has Sued You? Before deciding whether to settle and for […]
Dirty Little Debt Collection Secrets
By: Robert J. Nahoum Once upon a time, as a fresh-faced lawyer right out of law school, I worked as a debt collection attorney. Fortunately, not long after I found some religion and flipped – I am now (and have been for some time) committed to protecting consumer against debt collectors. So, with that background I am going to let a […]
Have You Been Sued on a Time Barred Debt?
By:Â 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 […]
Help, My Bank Account is Frozen!
By: Robert J. Nahoum 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 law suit until a check bounces or the ATM won’t spit out any money. Under New York law, […]
What Is a New York Default Judgment and What Can You Do About It?
By: Robert J. Nahoum Here in New York, it is an all too common occurrence that 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. “How can this have happened? I was never even sued!†Turns out, you were sued by […]
- debt collection
- Debt Collection Defense
- debt collector harassment
- Fair Debt Collection Practices Act
Are Debt collectors Being “False or Misleading” (a/k/a Full of Sh#t)?
By:Â Robert J. Nahoum Federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short) prohibits a debt collector from using false, deceptive, or misleading representation or tactics when trying to collect a debt. The list of prohibited conduct includes: The false representation or implication that the debt collector affiliated with the government; The false representation of […]
Debt Collector Harassing You On the Phone? When Can They Call and How Often?
By:Â Robert J. Nahoum Debt Collector Harassing You On the Phone? When Can They Call and How Often? Under federal debt collection laws know as the Fair Debt Collection Practices Act (or FDCPA), debt collectors cannot call you before 8 am or after 9 pm. Debt collectors are also precluded from calling you an unreasonable number of times. What is an […]
What Debts Are Covered By the FDCPA Debt Collection Laws?
By:Â Robert J. Nahoum Not all debts are created equal because not all debts are subject to federal debt collection laws known as the Fair Debt Collection Practices Act also known as the FDCPA for short. The good news is most consumer debts are covered. Under the FDCPA, the “term debt means any obligation or alleged obligation of a consumer to […]