By: Robert J. Nahoum What Is “Substantiation” of Debt in New York? New York has its own debt collection regulations that give consumers a powerful right to demand “substantiation” of a charged‑off debt, a much more robust standard than federal “verification” under the FDCPA. These rules apply to third‑party debt collectors including debt buyers collecting on charged‑off consumer debt in […]
New York’s Powerful “Substantiation” Right vs. Federal “Verification” Under the FDCPA
Jefferson Capital, a Minnesota-Based Debt Collection Firm, Hit With Class Claims in Philly
By: Robert J. Nahoum Introduction Consumers across the country continue to push back against aggressive debt collection tactics, and Jefferson Capital is the latest collector to face serious legal heat in Philadelphia. A new putative class action accuses the Minnesota-based junk debt buyer of violating consumer protection laws through its collection and credit reporting practices, raising important questions for consumers. […]
Attempting to Collect Debt Discharged in Bankruptcy Is Illegal
By: Robert J. Nahoum Debt collectors are known for their persistence when it comes to collecting debts. However, the Fair Debt Collection Practices Act (FDCPA) imposes certain restrictions on the methods used by debt collectors to collect debts. In particular, the FDCPA prohibits debt collectors from attempting to collect debts that have been discharged in bankruptcy. Bankruptcy is a legal […]
What Are the Elements of an FDCPA Claim?
By: Robert J. Nahoum THE PROBLEM: You’ve lost your job and fallen on hard times. Debt collectors have been after you, and are becoming increasingly abusive and harassing. Some debt collectors have even crossed the line into illegal debt collection activities in violation of the Fair Debt Collection Practices Act. What must you proven to succeed on a claim for […]
How Can Your Smart Phone Help You With Debt Collectors?
By: Robert J. Nahoum THE PROBLEM: Does any of this sound familiar – you lost your job and have fallen behind on bills; or maybe you got sick or hurt and your insurance doesn’t cover all of your medical expenses -the doctors and hospital bills are piling up; or perhaps you just graduated from college and can’t find a job […]
Can an Information Subpoena Violate the FDCPA?
By: Robert J. Nahoum THE PROBLEM: You come home to certified mail notice from the post office. Knowing that few good things come to you by certified mail; you are immediately concerned. Off to the post office you go to uncover the mystery. When you open the envelope, you are baffled to see a legal looking document that calls itself […]
Are Home Owners’ Association Dues Subject to the FDCPA?
By: Robert J. Nahoum THE PROBLEM: You have suffered a health set back or lost your job. You fell behind on bills and your condo, co-op or town house was foreclosed. You thought you left all those troubles behind you but now you are getting debt collection letters and phone calls from a debt collection agency for your former home […]
Can a Debt Collector Charge Interest on an Old Debt?
By: Robert J. Nahoum THE PROBLEM You’ve been getting phone calls and letters from a debt collector on an old credit card bill. The amount they are trying to collect seems to be a lot more than you thought you owed. What can account for the larger than expected balance? Could it be interest? THE RULES Federal debt collection laws […]
Palisades Collection and its Lawyers Pressler & Pressler Settle New York FDCPA Claims for $3.9 Million and Reversal of 48,000 default judgments
By: Robert J. Nahoum In 2014, a lawsuit was filed against New Jersey-based, publicly traded, junk debt buyer Asta Funding, its subsidiary Palisades Collection and their attorneys Pressler and Pressler. The suit filed in the United States District Court for the Southern District of New York alleged violations of the Fair Debt Collection Practices Act (FDCPA), a federal law that […]
Sued By Winthrop Capital, LLC In New York or New Jersey?
By: Robert J. Nahoum THE PROBLEM: You have just been served was a summons and complaint. Winthrop Capital, LLC is suing you for an old debt. WHO IS WINTHROP CAPITAL, LLC?: Winthrop Capital, LLC is a “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on […]