By: Robert J. Nahoum THE PROBLEM The cashier at the grocery store rings you up, you swipe your debit card and embarrassingly, the cashier tells you that your card is no good. You call your bank and are told that your bank account has been frozen. How can this have happened? Turns out, you were sued by a debt collector, […]
Is Sewer Service an FDCPA Violation?
What is “Account Stated” in a Debt Collection Lawsuit?
By: Robert J. Nahoum THE PROBLEM Anyone who has been sued for an old debt will tell you that the process can be terribly confusing. The court papers used by the debt collectors are filled with legal jargon that makes little if any sense to non-lawyers. Debt collectors are always – 100% percent of the time – represented by attorneys […]
What is a New York Transcript of Judgment?
By: Robert J. Nahoum If you’ve been sued and a debt collector and a judgment has been against you, that judgment allows the debt collector to garnishee wages , freeze your bank accounts and levy on your non-exempt property including your home or other real property. In New York, the lien on real property is a passive method for enforcing […]
Your Court Settlement is in the Reach of Creditors
By: Robert J. Nahoum If you are broke, out of work, on social security, disability or unemployment and you have no non-exempt assets then you are what is called “judgment proofâ€. That means that there simply is nothing a debt collector can take from you – you can’t get blood from a stone. For this reason, many judgment proof consumers […]
What is Mediation in a Debt Collection Lawsuit?
By: Robert J. Nahoum THE PROBLEM You have been sued by a debt collector and timely answered the lawsuit. You’ve received notice that you need to appear in court for mediation? What is mediation, what can you do to prepare and what should you expect? THE RULES In an effort to move debt collection cases through the extraordinarily overburdened court […]
Are Pension Benefits Exempt From Debt Collection?
By: Robert J. Nahoum THE PROBLEM: After falling on hard times debt collectors have been after you, some have even sued. A judgment has now been entered against you. You are on a fixed budget and your only sources of income are social security and pension benefits? You’re now wondering if the debt collector levy on your pension to satisfy […]
What is a Deficiency Balance?
By: Robert J. Nahoum Secured debts are debts in which collateral (property) has been pledged as security for payment of the money lent. The two most common examples of secured debt are mortgages on home loans and title liens on car loans. In each case, if the consumer defaults on the loan, the bank can take the property and resell […]
The Ripple Effect of a Default Judgment
By: Robert J. Nahoum Debt collection lawyers’ bread and butter are default judgments because they are the quickest and easiest way to hang up consumers for old debts.  The fastest way to a default judgment is when the consumer fails answer the complaint. If you are unaware that you have been sued, the debt collector can have a default judgment […]
What is the Difference Between a Summons and a Complaint?
By: Robert J. Nahoum Anyone who has ever been sued in a debt collection lawsuit should be familiar with the court documents collectively referred to as the “summons and complaintâ€. The two documents have become almost interchangeably viewed as one document but in reality, they are two documents with two distinct purposes. The summons is document which advises you that […]
Will I Have Miss Work for My Debt Collection Case?
By: Robert J. Nahoum The Problem: You’ve been served was a summons and complaint or discovered that you have a default judgment entered against you. You’ve been sued by a debt collector on an old debt.  You filed your answer to the lawsuit or filed an order to show cause to vacate the default judgment and the court has scheduled […]