By: Robert J. Nahoum Can retirement funds be levied in New York? In most cases, no. New York law generally protects retirement funds from judgment creditors, including many 401(k)s, IRAs, pensions, and similar retirement accounts. The key issue is usually not whether a creditor has a judgment, but whether the money is actually protected retirement money and whether it has been […]
Can Retirement Funds Be Levied in New York to Satisfy a Debt Collection Judgment?
Do Collection Agencies Sue Consumers in New York? What You Need to Know
By: Robert J. Nahoum If you have been contacted by a collection agency, you may be wondering: do collection agencies actually sue consumers? The answer is often misunderstood. In most cases, collection agencies themselves do not sue. Instead, lawsuits are typically filed by the original creditor or by a company that claims it purchased the debt – junk debt buyers. […]
Private Student Loan Lawsuits: Why They’re Just Like Credit Card Debt Cases
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 […]
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 […]
FAQ: Debt Collection Lawsuit Settlements in New York: Your Top Questions Answered
By: Robert J. Nahoum Being sued by a debt collector in New York is stressful, but a lawsuit is not a guaranteed loss. In fact, most consumer debt cases never go to trial. Instead, they are resolved through debt collection lawsuit settlements that allow consumers to pay a fraction of what is owed, or sometimes nothing at all, while stopping wage garnishment […]
FAQ: Order to Show Cause to Vacate Default Judgment for Improper Service in New York
By: Robert J. Nahoum If you discovered a default judgment against you for a debt you don’t recall being sued over, you may have been the victim of improper service of process. At The Law Offices of Robert J. Nahoum, P.C., we help consumers undo these judgments using a legal mechanism called an Order to Show Cause (OSC). Below are answers to the most common […]
FAQ Guide: What to Do If You Receive an Information Subpoena as a Judgment Debtor in New York
By: Robert J. Nahoum Receiving an information subpoena after a debt collector wins a judgment against you can be stressful, but knowing your rights and obligations under New York law helps you respond wisely. Below, The Law Offices of Robert J. Nahoum, PC answers the most common questions judgment debtors ask about these subpoenas. If you need personalized help with consumer debt defense, contact […]
Restraining Notices & Frozen Bank Accounts in New York: Your Essential FAQ Guide
By: Robert J. Nahoum Has Your Bank Account Been Frozen by a Debt Collector? Learning that your bank account is frozen is one of the most stressful financial events a consumer can face. In New York, this is often the result of a Restraining Notice served by a judgment creditor or debt collector. If you are facing this situation, you need immediate, […]
FAQ: Wage Garnishment in New York – What Consumers Need to Know
By: Robert J. Nahoum What Is Wage Garnishment in a Debt Collection Case? Wage garnishment (called an “income execution” in New York) is a post-judgment remedy where a debt collector takes money directly from your paycheck to satisfy a court judgment obtained in a consumer debt lawsuit. Unlike tax agencies or child support enforcement, private debt collectors must first sue you, […]
Can a Debt Collector Freeze Your Bank Account If Your Income Is Protected? What New York Consumers Need to Know
By: Robert J. Nahoum Short answer: Yes, a debt collector can still freeze your bank account even if your income is legally protected, but you have powerful rights to get those funds released quickly if you act fast. If you live in New York and have been sued by a debt collector, understanding the difference between a freeze and an actual loss of funds is […]