By: Robert J. Nahoum The Problem: You were sued by a debt collector and now a judgment has been entered against you. We hear the term “judgment†often and it may seem basic, but what does it mean to have judgment against you in New York? Understanding the answer to this question will help you to understand what to expect and […]
What is A Debt Collection Judgment?
How Long Do I Have To Answer A Summons & Complaint?
By: Robert J. Nahoum THE PROBLEM: 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? You’re being sued but how long do you have to file your answer? The Rule: How you were served will guide how long you have to […]
- 15 U.S.C. §1692 et. seq.
- Collection Agencies
- Consumer Protection
- debt collection
- Debt Collection Defense
- debt collector harassment
- Fair Debt Collection Practices Act
Does a Debt Collector Violate the FDCPA When He Threatens to Take My Unemployment Benefits?
By: Robert J. Nahoum THE PROBLEM: You’re out of work, fallen on hard times and your only income is from unemployment benefits. Now you’re being harassed or sued by a debt collector who has threatened to take your unemployment benefits. Can he get away with it? The Rule: Under federal debt collection laws known as the Fair Debt Collection Practices Act […]
- debt collection
- Debt Collection Defense
- debt collector harassment
- Default Judgment
- Fair Debt Collection Practices Act
What Property is Exempt From Debt Collection?
By: Robert J. Nahoum THE PROBLEM: You’ve been sued, there is a judgment against you and now the debt collector is coming to enforce the judgment. You’re broke and out of work, can the debt collector take away your property? The Rule: In New York, as in most states, there is a laundry list of property exempt from judgment enforcement and […]
How Will My Taxes Be Affected by Settling a Consumer Debt?
By: Robert J. Nahoum THE PROBLEM: You settled a credit card debt this past year and thought you were done with it forever. Now, a tax form curiously shows up in the mail from the same creditor with whom you settled. All too often people over look the potential tax consequences of settling their debts. The Rule: Depending on how […]
What’s the Difference Between a Debt Buyer and an Original Creditor?
By: Robert J. Nahoum THE PROBLEM: An unfamiliar name shows up on your credit report as a company you owe money; you get debt collection letter in the mail saying you owe money to a company you’ve never heard of; you’re being sued for a debt by a company you don’t know. The reason you’ve never heard of these companies […]
Should I Settle My Debt Collection Lawsuit and For How Much?
By: Robert J. Nahoum THE PROBLEM: You’ve been sued in a debt collection case; you or your attorney has been negotiating with the debt collection lawyer and you must decide whether to settle or to fight. The answer is not always clear; there are many factors you must consider. CONSIDERATIONS: Who Has Sued You? Before deciding whether to settle and for […]
Was I Properly Served With a Summons and Complaint?
By: Robert J. Nahoum The Problem: Were you surprised to learn that your bank account has been frozen or your wages have been garnisheed? If your answer is yes, a debt collector likely has a default judgment against you from a lawsuit you had no idea had been filed. In debt collection lawsuits, most cases are won on default where the […]
Debt Collection Lawyers Are Liars
By:Â Robert J. Nahoum Q: How can a pregnant woman tell that she’s carrying a future lawyer? A: She has an uncontrollable craving for bologna. Q: How does an attorney sleep? A: First he lies on one side, then he lies on the other. Q: What’s the difference between a lawyer and a liar? A: The pronunciation. Q: How can you […]
What Debts Are Covered By the FDCPA Debt Collection Laws?
By:Â Robert J. Nahoum Not all debts are created equal because not all debts are subject to federal debt collection laws known as the Fair Debt Collection Practices Act also known as the FDCPA for short. The good news is most consumer debts are covered. Under the FDCPA, the “term debt means any obligation or alleged obligation of a consumer to […]