By: Robert J. Nahoum Federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short) protects consumers from unscrupulous debt collectors. The FDCPA establishes a general prohibition against the use of “false, deceptive, or misleading representation or means in connection with the collection of any debt.” The various subsections of the FDCPA, sixteen in total, provide […]
Bock v. Pressler & Pressler – 4 Seconds is Not Meaningful Attorney Review
Is Credit Reporting An Attempt To Collect A Debt?
By: Robert J. Nahoum THE PROBLEM: You’re just about to close a deal on buying a new car, or perhaps a new home. You’ve come to an agreement on the sales price and your sitting at the closing table, the only thing left is to secure the loan. You surprisingly learn that there is a negative entry on your credit […]
In What Courts Are New York Debt Collection Cases Filed?
By: Robert J. Nahoum The New York court system is called the “New York State Unified Court Systemâ€. However, the courts don’t always seem to be “unifiedâ€. There are a variety of different courts in different parts of the state that hear different kinds of cases. Each county has a “Supreme Courtâ€. The Supreme Court has the jurisdictional authority to […]
2nd Cir. Court Of Appeals Allows Fraudulent Default Judgment Class Action to Proceed
By: Robert J. Nahoum THE PROBLEM: In the matter Sykes et al v. Mel S. Harris and Associates LLC et al, the U.S. Court of Appeals, 2nd Circuit has ruled that a district court was in its rights to grant class action status to a case in which debt buyer Leucadia National Corp and its lawyers Mel Harris and Associates […]
Sued By Razor Capital, LLC In New York or New Jersey?
By: Robert J. Nahoum THE PROBLEM: You have just been served was a summons and complaint. Razor Capital, LLC is suing you for an old debt. WHO IS RAZOR CAPITAL, LLC?: Razor Capital, LLC is an infamous “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies […]
Sued By Cypress Financial Recoveries, LLC In New York or New Jersey?
By: Robert J. Nahoum THE PROBLEM: You have just been served was a summons and complaint. Cypress Financial Recoveries, LLC is suing you for an old debt. WHO IS CYPRESS FINANCIAL RECOVERIES, LLC?: Cypress Financial Recoveries, LLC is an infamous “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car […]
The FTC Has Published a Debt Collector S#@t List
By: Robert J. Nahoum The Federal Trade Commission (FTC) is the “nation’s consumer protection agencyâ€. Among its many duties, the FTC enforces federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short). The FDCPA regulates the conduct of third party debt collectors and prohibits them from using abusive, unfair, or deceptive practices to collect from […]
What is the Debt Collection Statute of Limitations in New York?
By: Robert J. Nahoum THE PROBLEM: A debt collector has been sending you letters, calling you on the phone and may have even sued you. It’s been like pulling teeth to get the debt collector to explain what the debt is and where it came from. As it turns out, the debt collector is not the company that originally extended […]
“Bad Paper” is a Decent Start
By: Robert J. Nahoum A new book entitled “Bad Paper†by journalist and author Jake Halpern has introduced his readers to the seedy and often criminal side of the debt collection industry. Through accounts of ex-con debt collectors strong-arming consumers and intimidating competitors, Halpern illustrates the worst players in a very dirty debt collection business. Bad Paper has gotten a […]
What’s The Difference Between A Loan Servicer And A Debt Collector?
By: Robert J. Nahoum Federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short) regulates the collection of consumer debts by third party debt collectors.  The FDCPA precludes debt collectors from using false, misleading, deceptive and harassing debt collection tactics. A “debt collector†is defined under the FDCPA as “any person who . . . […]