By: Robert J. Nahoum
THE PROBLEM:
Three scenarios might have led you this article:
- You have just been notified by your bank that your account has been frozen because there is a debt collection judgment against you. You call the bank to find out what’s going on and are told to speak some law-firm called Portnoy Schneck, L.L.C..
- You’ve received a notice from your County Sheriff or a New York City Marshall that your wages will be garnisheed because there is a debt collection judgment against you. You call the Sheriff’s office to find out what’s going on and are told to speak some law-firm called Portnoy Schneck, L.L.C..
- A process server has shown up to your home to deliver a summons and complaint or you’ve come home to find a summons and complaint taped to your door? Turns our, you’re being sued by law-firm called Portnoy Schneck, L.L.C..
WHO IS PORTNOY SCHNECK, L.L.C.?:
Portnoy Schneck, L.L.C. is a New Jersey‑based law firm that regularly represents creditors, debt buyers, and collection agencies in lawsuits against consumers. The firm often appears on credit card, personal loan, and other consumer debt collection cases filed in New York and New Jersey state courts. Their clients may include original creditors as well as junk debt buyers, companies that purchase charged‑off debts in bulk at steep discounts.
In these cases, Portnoy Schneck typically acts as the plaintiff’s counsel seeking money judgments against consumers. Once a judgment is entered, they may pursue post‑judgment remedies to collect, including wage garnishment, bank restraints, or property levies.
Portnoy Schneck, L.L.C. is New Jersey at 3705 Quakerbridge Road, Suite 116, Hamilton, NJ 08619, 609-514-8668, and in New York at 22 Saw Mill River Road, Suite 305, Hawthorne, NY 10532.
Portnoy Schneck represents the numerous subsidiaries of the infamous debt buyer Calvary Portfolio Services.
Law-firm debt collectors like Portnoy Schneck, L.L.C. employ few attorneys but many non-attorney debt collection agents. In fact, if you call them, you will not speak with an attorney, you will speak with a debt collection agent who is probably being paid a commission for any money he or she collects from you.
Portnoy Schneck, L.L.C. and many of its clients are sued regularly by consumers for violations of the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law that regulates the collection of consumer debts. It precludes third party debt collectors from using false, misleading, deceptive and harassing debt collection tactics. If a debt buyer or its attorney violates the FDCPA, you can sue for statutory damages up to $1,000.00 plus actual damages (like pain and suffering) and your attorney’s fees.
WHAT YOU SHOULD DO:
The reason you are just learning of the judgment now is that you were probably never served properly with the court papers many years ago when the lawsuit was first filed. New York laws require that when a debt collection lawsuit is filed, a process server must deliver the lawsuit to you or someone at your home. The process server signs an affidavit saying that they delivered the papers to you (usually by the “nail and mail” method where they supposedly post the papers to the door of your home and then mail you a copy). In reality, the process server probably never delivered the papers to you at all (called “sewer service”) and so you never knew about the case.
Fortunately, New York courts have recognized that default judgments are highly questionable particularly due to the pervasiveness of sewer service. For this reason, it is pretty uncomplicated to have the default judgment reversed or “vacated” as it is called. To do so, you must make a motion to the court called an “order to show cause” to vacate the default judgment.
If Portnoy Schneck, L.L.C. is enforcing a default judgment against you, consider hiring a qualified attorney experienced in debt defense. As with all debt defense cases, a good debt defense lawyer analyzes debt collection cases to determine if any violations of the FDCPA have occurred.
If you need help settling or defending a debt collection law suit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you. With offices located in Brooklyn and the Hudson Valley, the Law Offices of Robert J. Nahoum defends consumers in debt collection cases throughout the Tristate area including New Jersey.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202