By: Robert J. Nahoum So you’ve just been served with a summons and complaint in a debt collection lawsuit. Now what do you do? By some estimates, 95% of debt collection lawsuits are won by default. Often, the consumer failed to answer because he or she had no idea the suit had even been filed. But the remaining consumers default for […]
How To Answer a Summons and Complaint in a Debt Collection Lawsuit
Help, My Wages Are Being Garnisheed!
By: Robert J. Nahoum In New York, one of the most effective ways for a debt collector to collect on a judgment is to garnishee your wages. While the debt collector can only recover 10% of your wages, he hopes that he can shame and embarrass you into paying more before your employer finds out. Importantly, you must first understand that […]
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 […]
Debt Collection Lawyers Are Liars
By:Â Robert J. Nahoum Q: How can a pregnant woman tell that she’s carrying a future lawyer? A: She has an uncontrollable craving for bologna. Q: How does an attorney sleep? A: First he lies on one side, then he lies on the other. Q: What’s the difference between a lawyer and a liar? A: The pronunciation. Q: How can you […]
How Do You Stop Debt Collector Harassment?
By: Robert J. Nahoum One of the most prolific strategies used by those damn debt collectors is to annoy and harass the consumer into paying. They call you over and over again until you cry uncle and make a payment. Sometimes it feels like every time you pick up the phone it’s that damn debt collector again on the other end. […]
Can a Debt Collector Leave Me a Voicemail Message?
By:Â Robert J. Nahoum Have you recently received strange voicemail messages from debt collectors that start off with all kinds of warnings about not listening to the message? They go something like this: “This message is for Joe Shmoe, if this is not Joe Shmoe please hang up. Â This is a private message for Joe Shmoe, you have 5 seconds to […]
Got A Debt Collection Letter or Call? Tell The Debt Collector To VERIFY THE DEBT!!!
By:Â Robert J. Nahoum Federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short) generally prohibits debt collectors from using unfair or unconscionable debt collection practices when trying to collect a debt. In addition to these prohibitions, debt collectors are required by the FDCPA to provide consumer with certain notices of your rights. In its first […]
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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 […]
When Can a Debt Collector Talk About My Debt With Someone Else?
By: Robert J. Nahoum Are debt collectors calling your house and talking to someone else about your debt? Even worse, are debt collectors calling you at work? If so, they may have violated federal debt collection laws known as the Fair Debt Collection Act (FDCPA). What Can’t the Debt Collector Do? Without your prior consent, the debt collector may not communicate, […]
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 […]