By: Robert J. Nahoum New York Chief Judge Jonathan Lippman announced that new rules have been adopted to prevent the entry of unwarranted default judgments in the 100,000 plus debt collection cases filed yearly in New York state courts. According the Chief Administrator’s office, “the new rules reflect the most comprehensive effort by a court system nationally to ensure a […]
NY Court System Adopts New Rules For Consumer Debt Collection Cases
Treadmill of Lost Wages: New York Wage Garnishment and Judgment Interest
By: Robert J. Nahoum For debt collectors, being awarded a judgment in court is the easy part; enforcing the judgment and collecting the money poses a much greater challenge. There are a variety of tools available for enforcing judgment but the most prolific may be the wage garnishment. In a far reaching report produced by NPR and ProPublica, it was […]
A Check List of Steps For Filing an Order to Show Cause to Vacate a Default Judgment
By: Robert J. Nahoum You have just discovered that a default judgment has been entered against you by a debt collector because you didn’t answer a debt collection lawsuit.  In order to reverse (or as the lawyers call it “vacateâ€) a default judgment, you need to file an “Order to Show Cause†with the court. Here is a checklist of […]
A Check List for Answering a Debt Collection Lawsuit in New York Pro Se
By: Robert J. Nahoum You’ve come home to find legal papers taped to your door. A closer look reveals that the legal papers are a debt collection summons and complaint – you are being sued you for an old debt.   A summons and complaint in a debt collection lawsuit must be answered and never ignored or risk the certainty of […]
The Law Offices of Robert J. Nahoum Convinces Eltman, Eltman & Cooper To Vacate a 17 Year Old Default Judgment
By: Robert J. Nahoum We have noted a remarkable uptick in the assignments of judgments – a debt buying practice where debt buyers purchase portfolios of old default judgments which have lain dormant for years. In particular, we have observed the infamous New York debt buyer Erin Capital Management and their affiliated law firm Eltman, Eltman & Cooper dusting off […]
What is An Order to Show Cause to Vacate a Default Judgment?
By: Robert J. Nahoum The Problem: You’re at the grocery store buying the family groceries, the cashier rings you up and you swipe your debit card; 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 […]
Have You Been Sued by Resurgent Capital Services, L.P. In New York or New Jersey?
By: Robert J. Nahoum THE PROBLEM: You have just been served was a summons and complaint. Resurgent Capital Services, L.P. is suing you for an old debt. WHO IS RESURGENT CAPITAL SERVICES, L.P.?: Resurgent Capital Services, L.P. is the sister collection agency for infamous “debt buyerâ€,  LVNV Funding, LLC, who buys up portfolios of old debt from banks, credit card companies, […]
How Much Will a Debt Defense Lawyer Cost?
By: Robert J. Nahoum The Problem: You have just 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 bill. You’ve done your homework on the internet and realized that you will need to hire a lawyer to represent you. […]
Sued By Portfolio Recovery Associates, LLC In New York or New Jersey?
By: Robert J. Nahoum THE PROBLEM: You have just been served was a summons and complaint. Portfolio Recovery Associates, LLC is suing you for an old debt. WHO IS PORTFOLIO RECOVERY ASSOCIATES, LLC?: Portfolio Recovery Associates, LLC is an infamous “debt buyerâ€, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies […]
Sued By Palisades Collection, LLC In New York or New Jersey?
By: Robert J. Nahoum THE PROBLEM: You have just been served was a summons and complaint. Palisades Collection, LLC or its affiliate debt buyer Palisades Acquisition XVI, LLC is suing you for an old debt. WHO IS PALISADES COLLECTION, LLC?: Palisades Collection, LLC is a debt collection agency who often collects consumer debts on behalf of its affiliate Palisades Acquisition XVI, […]