By: Robert J. Nahoum The Problem: There is an industry out there of companies who buy up portfolios of old consumer debts like credit cards and medical bills for pennies on the dollar. These debt buyers then try to collect those debts from consumers using tactics that often violate federal debt collection laws. Too often, debt buyers sue consumers in […]
Why Do Debt Buyers Have Trouble Proving Their Cases?
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 […]
How To Answer a Summons and Complaint in a Debt Collection Lawsuit
By: Robert J. Nahoum So you’ve just been served with a summons and complaint in a debt collection lawsuit. Now what do you do? By some estimates, 95% of debt collection lawsuits are won by default. Often, the consumer failed to answer because he or she had no idea the suit had even been filed. But the remaining consumers default for […]
Help, My Wages Are Being Garnisheed!
By: Robert J. Nahoum In New York, one of the most effective ways for a debt collector to collect on a judgment is to garnishee your wages. While the debt collector can only recover 10% of your wages, he hopes that he can shame and embarrass you into paying more before your employer finds out. Importantly, you must first understand that […]
Dirty Little Debt Collection Secrets
By: Robert J. Nahoum Once upon a time, as a fresh-faced lawyer right out of law school, I worked as a debt collection attorney. Fortunately, not long after I found some religion and flipped – I am now (and have been for some time) committed to protecting consumer against debt collectors. So, with that background I am going to let a […]
Have You Been Sued on a Time Barred Debt?
By:Â Robert J. Nahoum Among the worst debt collector tricks is suing on time-barred debts. I find this trick particularly dirty because it requires not only the debt buyer, but the collection agency and their attorneys to collude and contribute to this clear consumer protection violation. These days, consumer debt buying is a thriving $100 billion a year industry. Debt buyers […]
Help, My Bank Account is Frozen!
By: Robert J. Nahoum In New York, the quickest way for a debt collector to collect on a judgment is with a frozen or “restrained†bank account. Often, a consumer doesn’t even know he or she has been sued in a debt collection law suit until a check bounces or the ATM won’t spit out any money. Under New York law, […]
What Is a New York Default Judgment and What Can You Do About It?
By: Robert J. Nahoum Here in New York, it is an all too common occurrence that you head to the ATM for some cash or break out your debit card to swipe for the groceries and embarrassingly learn that your bank account has been frozen. “How can this have happened? I was never even sued!†Turns out, you were sued by […]