What to Do If You Have Been Sued by a Debt Collector in a New York Debt Collection Lawsuit

By: Robert J. Nahoum Being sued by a debt collector can be a stressful and overwhelming experience. If you are facing this situation, it is important to know your rights and what steps you need to take to protect yourself. What to do when you are served with a summons and complaint The first thing you should do if you […]

The Current Status of Medical Debt Credit Reporting

By: Robert J. Nahoum On April 11, 2023, the three major credit reporting agencies, Equifax, Experian, and TransUnion, (the CRAs) announced that that medical debt with an initial reported balance of under $500 has been removed from U.S. consumer credit reports.  This announcement comes after a 2020 file issued by the, the Consumer Financial Protection Bureau (CFPB) requiring credit reporting […]

Attempting to Collect Debt Discharged in Bankruptcy Is Illegal

By: Robert J. Nahoum Debt collectors are known for their persistence when it comes to collecting debts. However, the Fair Debt Collection Practices Act (FDCPA) imposes certain restrictions on the methods used by debt collectors to collect debts. In particular, the FDCPA prohibits debt collectors from attempting to collect debts that have been discharged in bankruptcy. Bankruptcy is a legal […]

NCLC Resource – Protecting Against Creditor Seizure of Stimulus Checks

The consumer heroes at the National Consumer Law Center have issued the following resource to help consumer protect their corona stimulus checks from levy and seizure by heartless and unscrupulous debt collectors: “The CARES Act authorizes payments up to $1200 to individuals and $2400 for couples, with an additional $500 for children under 17 years old. The payments phase out […]

Debt Collectors Must Tell NY Consumers if the Debt a Too Old to Collect

By: Robert J. Nahoum THE PROBLEM: You are surprised to be receiving phone calls and letters from a debt collector; you thought you cleared up all your bad debts years ago. How can they still be contacting you on such old debts? The Rule: In New York, a debt collector must maintain reasonable procedures for determining the statute of limitations […]