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 […]

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 […]

Debt Collectors Must Tell NY Consumers if the Debt a Too Old to Collect

By: Robert J. Nahoum THE PROBLEM: You are surprised to be receiving phone calls and letters from a debt collector; you thought you cleared up all your bad debts years ago. How can they still be contacting you on such old debts? The Rule: In New York, a debt collector must maintain reasonable procedures for determining the statute of limitations […]