By: Robert J. Nahoum With all the news surrounding student loans these days, if you’ve been sued over a private student loan, it may feel different, or even more intimidating, than other debts. But in reality, private student loan collection cases are handled almost exactly like credit card lawsuits and other unsecured debt cases. Understanding this can make a big difference […]
Private Student Loan Lawsuits: Why They’re Just Like Credit Card Debt Cases
Consumer Groups Challenge PSEG Long Island’s Debt Collection Tactics
By: Robert J. Nahoum Consumer advocates AARP New York and the Public Utility Law Project (PULP) are pressing New York Governor Kathy Hochul to investigate PSEG Long Island’s utility debt collection practices, as highlighted in a recent Newsday report. This call comes amid soaring utility arrears exceeding $1.8 billion statewide, with over 1.3 million customers behind by more than two […]
The Real Cost of Gas When You Use a Credit Card and Carry the Balance
By: Robert J. Nahoum Most people think of gas as a simple, everyday expense. But if you pay for gas with a credit card and do not pay off the balance at the end of the month, the true cost can be much higher than the price on the pump. As gas prices rise and credit card interest remains high, […]
Medical Debt Lawsuits in New York: What Consumers Need to Know
By: Robert J. Nahoum Medical bills can pile up quickly, even for insured patients. In New York, doctors, hospitals, and other healthcare providers (or companies that buy their debt) often file lawsuits to collect what they claim is unpaid medical debt. If you’ve been served with court papers, it’s important to understand what’s happening and what your rights are. Who […]
New York Vehicle Repossession Law: Notices, Deadlines and Deficiency Balance Lawsuits
By: Robert J. Nahoum Overview of New York vehicle repossession law In New York, most car loans are “secured transactions,” meaning the lender has a lien on the vehicle and can repossess after a default (usually missed payments) without going to court, as long as it does not “breach the peace.” After repossession, the lender must follow Article 9 of […]
Who Are the New York City Marshals in Debt Collection (and What Can They Do to You)?
By: Robert J. Nahoum Who Are New York City Marshals? New York City Marshals are independent public officials appointed by the Mayor to enforce civil court judgments, including consumer debt collection judgments in the five boroughs. They are not salaried city employees; instead, they earn statutory fees and a percentage (often called “poundage,” up to 5%) of the money they […]
Judgment Creditor Restraining Notices and Bank Restraints in New York Debt Collection
By: Robert J. Nahoum Judgment creditors in New York often turn to restraining notices and bank restraints as powerful tools to enforce collection after winning a lawsuit. These mechanisms freeze a debtor’s assets, preventing access until the debt is satisfied. Understanding them is crucial for consumers facing debt collection lawsuits. What Is a Restraining Notice? A restraining notice under New […]
How Judgment Creditor Debt Collection Lawyers Use Information Subpoenas to Enforce Judgments in New York
By: Robert J. Nahoum When a debt collector wins a lawsuit and becomes a judgment creditor in New York, the real work begins: turning that paper judgment into money. An information subpoena is one of the primary tools judgment creditor debt collection lawyers use to locate a consumer’s assets so they can enforce a judgment through wage garnishments, bank levies, and property liens. What […]
Can a judgment creditor garnish my tax refund in New York?
By: Robert J. Nahoum Short Answer A private judgment creditor with a New York judgment cannot intercept your federal or New York State tax refund directly, but once that refund is deposited into your bank account it can generally be restrained and levied like other non‑exempt funds, subject to New York’s exemption rules and special protections for certain government‑related “emergency […]
How to Respond to a Debt Collection Lawsuit in New York: FAQs from a Consumer Protection Lawyer
By: Robert J. Nahoum What does it mean if I’ve been served with a debt collection lawsuit in New York? Being “served” with a summons and complaint means a creditor or debt buyer has started a court case against you to collect an alleged debt. The papers will name you as the defendant, identify the plaintiff, state an amount allegedly […]