By: Robert J. Nahoum THE PROBLEM: Federal debt collection law known as the Fair Debt Collection Practices Act (FDCPA for short), is designed to prevent debt collectors from using unfair, false, misleading and harassing debt collection tactics. However, the FDCPA generally does not apply to original creditors.  In other words, with some exceptions, the banks issuing credit cards, the hospitals extending […]
Will Original Creditors Soon Have to Comply With Federal Debt Collection Regulations?
- 15 U.S.C. §1692 et. seq.
- Consumer Protection
- debt collection
- Debt Collection Defense
- debt collector harassment
- Fair Debt Collection Practices Act
Was I Sued in the Right Place?
By: Robert J. Nahoum THE PROBLEM: You have been sued by a debt collector for a consumer debt in a county, city, town or state where you don’t live. Can the debt collector do that? The Rule: In legal jargon, the term “venue†refers to the proper geographic place where a court can hear a case. State and federal venue laws […]
What is A Debt Collection Judgment?
By: Robert J. Nahoum The Problem: You were sued by a debt collector and now a judgment has been entered against you. We hear the term “judgment†often and it may seem basic, but what does it mean to have judgment against you in New York? Understanding the answer to this question will help you to understand what to expect and […]
- 15 U.S.C. §1692 et. seq.
- Collection Agencies
- Consumer Protection
- debt collection
- debt collector harassment
- Fair Debt Collection Practices Act
Should I Record Debt Collection Calls?
By: Robert J. Nahoum THE PROBLEM: You’re behind on your bills and debt collectors are hot on your trail. The debt collection letters are pouring in the door and the phone is ringing off the hook. Something about those debt collection calls doesn’t sound right.  You’re being told information that is false, misleading or harassing. Can you record these calls and […]
- 15 U.S.C. §1692 et. seq.
- Collection Agencies
- Consumer Protection
- debt collection
- Debt Collection Defense
- debt collector harassment
- Fair Debt Collection Practices Act
Does a Debt Collector Violate the FDCPA When He Threatens to Take My Unemployment Benefits?
By: Robert J. Nahoum THE PROBLEM: You’re out of work, fallen on hard times and your only income is from unemployment benefits. Now you’re being harassed or sued by a debt collector who has threatened to take your unemployment benefits. Can he get away with it? The Rule: Under federal debt collection laws known as the Fair Debt Collection Practices Act […]
- debt collection
- Debt Collection Defense
- debt collector harassment
- Default Judgment
- Fair Debt Collection Practices Act
What Property is Exempt From Debt Collection?
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 […]
How Will My Taxes Be Affected by Settling a Consumer Debt?
By: Robert J. Nahoum THE PROBLEM: You settled a credit card debt this past year and thought you were done with it forever. Now, a tax form curiously shows up in the mail from the same creditor with whom you settled. All too often people over look the potential tax consequences of settling their debts. The Rule: Depending on how […]
What’s the Difference Between a Debt Buyer and an Original Creditor?
By: Robert J. Nahoum THE PROBLEM: An unfamiliar name shows up on your credit report as a company you owe money; you get debt collection letter in the mail saying you owe money to a company you’ve never heard of; you’re being sued for a debt by a company you don’t know. The reason you’ve never heard of these companies […]
Must A Collection Agency Be Licensed In New York?
By: Robert J. Nahoum THE PROBLEM: You’re being pursued by a collection agency or perhaps one has already sued you. The collection letter or the summons and complaint you received do not disclose a collection agency license number.  Does that debt collector have to be licensed? The Rule: There is no across the board New York state rule requiring someone acting […]
Was I Properly Served With a Summons and Complaint?
By: Robert J. Nahoum The Problem: Were you surprised to learn that your bank account has been frozen or your wages have been garnisheed? If your answer is yes, a debt collector likely has a default judgment against you from a lawsuit you had no idea had been filed. In debt collection lawsuits, most cases are won on default where the […]