By: Robert J. Nahoum THE PROBLEM: You’ve lost your job and fallen 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 source of income is unemployment. You’re worried that the debt collector will garnishee your unemployment check. Can they […]
Can a Debt Collector Garnishee My Unemployment Check to Satisfy a Judgment in New York?
Can a Debt Collector Seize My Car?
By: Robert J. Nahoum THE PROBLEM: You’ve been sued for an old debt and the debt collector has been awarded a judgment. You don’t have the money to pay off the judgment and the only thing of value you own is your car. You’re reasonably concerned that your only asset of any value is in jeopardy and are asking can […]
You Filed an Answer in Your New York Debt Collection Case, Now What Happens?
By: Robert J. Nahoum THE PROBLEM: You’ve were served was a summons and complaint in a New York Debt Collection case. You timely filed your answer to the lawsuit and are wondering what will happen next? THE RULES: When you appear in a lawsuit without an attorney you are referred to as “pro se†and your answer to the lawsuit […]
What is the New York Borrowing Statute?
By: Robert J. Nahoum THE PROBLEM: You have been sued by a debt collector and timely answered the lawsuit. You are now preparing your defense. The debt is old and you suspect it may be too old to sue on. How do you calculate the statue of limitations in a New York Debt Collection Case? THE RULES: There is a […]
5 Things to know Before Appearing in the New York City Civil Court for a Debt Collection Case
By: Robert J. Nahoum You’ve been served was a summons and complaint or discovered that you have a default judgment entered against you. It’s a debt collector suing you on an old credit card or medical debt.  You filed your answer or your order to show cause and now have a court date. One of the important questions you are […]
Why Was My Order to Show Cause to Vacate a Default Judgment Denied?
By: Robert J. Nahoum THE PROBLEM: You were recently surprised to find that your bank account was frozen or your wages were garnisheed. You learned that a debt collector had been awarded a default judgment against you.  You went to court to file an “Order to Show Cause†to vacate the default judgment but have now just been told that […]
Are Attorneys’ Fees Recoverable in a New York Debt Collection Defense Case?
By: Robert J. Nahoum THE PROBLEM You have been sued by a debt collector, you hired an attorney who timely answered the lawsuit and has won. The debt collector has lost the case because you are not the person who opened the credit card, or perhaps because they don’t have the proof they need to win. Whatever the reason, you […]
Can an Information Subpoena Violate the FDCPA?
By: Robert J. Nahoum THE PROBLEM: You come home to certified mail notice from the post office. Knowing that few good things come to you by certified mail; you are immediately concerned. Off to the post office you go to uncover the mystery. When you open the envelope, you are baffled to see a legal looking document that calls itself […]
Can a Debt Collector Charge Interest on an Old Debt?
By: Robert J. Nahoum THE PROBLEM You’ve been getting phone calls and letters from a debt collector on an old credit card bill. The amount they are trying to collect seems to be a lot more than you thought you owed. What can account for the larger than expected balance? Could it be interest? THE RULES Federal debt collection laws […]
Who is Linda Strumpf?
By: Robert J. Nahoum THE PROBLEM: You have just been served was a summons and complaint or discovered that your bank account has been frozen or your wages are being garnisheed. Turns out, you have been sued by a company called U.S. Equities Corp. for an old junk debt. WHO IS U.S. EQUITIES CORP.?: U.S. Equities Corp. is a junk […]