By: Robert J. Nahoum Consumer advocates AARP New York and the Public Utility Law Project (PULP) are pressing New York Governor Kathy Hochul to investigate PSEG Long Island’s utility debt collection practices, as highlighted in a recent Newsday report. This call comes amid soaring utility arrears exceeding $1.8 billion statewide, with over 1.3 million customers behind by more than two […]
Consumer Groups Challenge PSEG Long Island’s Debt Collection Tactics
The Real Cost of Gas When You Use a Credit Card and Carry the Balance
By: Robert J. Nahoum Most people think of gas as a simple, everyday expense. But if you pay for gas with a credit card and do not pay off the balance at the end of the month, the true cost can be much higher than the price on the pump. As gas prices rise and credit card interest remains high, […]
Long-Term Auto Loans: Why Dealers Push 6-, 7-, and 8-Year Financing
By: Robert J. Nahoum Long-Term Auto Loans Are a Growing Problem Auto dealers increasingly steer buyers into loans longer than five years because the monthly payment looks more affordable, even though the total cost is much higher. The Consumer Financial Protection Bureau reported that 42 percent of auto loans made in the prior year had terms of six years or […]
New York Vehicle Repossession Law: Notices, Deadlines and Deficiency Balance Lawsuits
By: Robert J. Nahoum Overview of New York vehicle repossession law In New York, most car loans are “secured transactions,” meaning the lender has a lien on the vehicle and can repossess after a default (usually missed payments) without going to court, as long as it does not “breach the peace.” After repossession, the lender must follow Article 9 of […]
Judgment Creditor Restraining Notices and Bank Restraints in New York Debt Collection
By: Robert J. Nahoum Judgment creditors in New York often turn to restraining notices and bank restraints as powerful tools to enforce collection after winning a lawsuit. These mechanisms freeze a debtor’s assets, preventing access until the debt is satisfied. Understanding them is crucial for consumers facing debt collection lawsuits. What Is a Restraining Notice? A restraining notice under New […]
How Judgment Creditor Debt Collection Lawyers Use Information Subpoenas to Enforce Judgments in New York
By: Robert J. Nahoum When a debt collector wins a lawsuit and becomes a judgment creditor in New York, the real work begins: turning that paper judgment into money. An information subpoena is one of the primary tools judgment creditor debt collection lawyers use to locate a consumer’s assets so they can enforce a judgment through wage garnishments, bank levies, and property liens. What […]
Can a judgment creditor garnish my tax refund in New York?
By: Robert J. Nahoum Short Answer A private judgment creditor with a New York judgment cannot intercept your federal or New York State tax refund directly, but once that refund is deposited into your bank account it can generally be restrained and levied like other non‑exempt funds, subject to New York’s exemption rules and special protections for certain government‑related “emergency […]
How to Respond to a Debt Collection Lawsuit in New York: FAQs from a Consumer Protection Lawyer
By: Robert J. Nahoum What does it mean if I’ve been served with a debt collection lawsuit in New York? Being “served” with a summons and complaint means a creditor or debt buyer has started a court case against you to collect an alleged debt. The papers will name you as the defendant, identify the plaintiff, state an amount allegedly […]
What is the New York Consumer Credit Fairness Act
By: Robert J. Nahoum The New York Consumer Credit Fairness Act (CCFA) is a major reform to the state’s debt collection laws designed to protect consumers from unfair, deceptive, or outdated collection practices. Enacted in 2021, the law gives consumers stronger rights when faced with debt collection lawsuits—especially cases filed by junk debt buyers who purchase old debts for pennies […]
Sued By Portnoy Schneck, L.L.C. in New York or New Jersey?
By: Robert J. Nahoum THE PROBLEM: Three scenarios might have led you this article: You have just been notified by your bank that your account has been frozen because there is a debt collection judgment against you. You call the bank to find out what’s going on and are told to speak some law-firm called Portnoy Schneck, L.L.C.. You’ve […]