By: Robert J. Nahoum The Problem: You have been sued by a debt collector and filed an answer in response to the debt collection complaint. Weeks and months have passed by and now you have received a notice in the mail that says an inquest has been scheduled. What is an inquest? The Rules: Generally speaking, an inquest is a […]
What is an Inquest in a New York Debt Collection Case?
NY Court System Adopts New Rules For Consumer Debt Collection Cases
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 […]
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 […]
Debt Buyers Are Expanding Their Reach to Judgment Buying
By: Robert J. Nahoum The Problem: 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. Even worse, your boss calls you into his office to tell you that he received a wage garnishment for you. Turns out, you were sued by […]
Is There a Money Judgment Against You In Another State?
By: Robert J. Nahoum The Problem: You live in New York but used to live in another state and just learned that you were sued in that state by a debt collector and they have a default judgment against you. Can the debt collector pursue the default judgment in New York? Will you see it coming? What can you do to […]
What is an Information Subpoena?
By: Robert J. Nahoum The Problem: You come home to find a notice from the post office posted to your door informing you that there is certified mail waiting for you. Knowing that few good things come to you by certified mail; you are immediately concerned. Off to the post office you go to uncover your mystery. When you open the […]
What is A Debt Collection Judgment?
By: Robert J. Nahoum The Problem: You were sued by a debt collector and now a judgment has been entered against you. We hear the term “judgment†often and it may seem basic, but what does it mean to have judgment against you in New York? Understanding the answer to this question will help you to understand what to expect and […]
How Long Do I Have To Answer A Summons & Complaint?
By: Robert J. Nahoum THE PROBLEM: A process server has shown up to your home to deliver a summons and complaint or you’ve come home to find a summons and complaint taped to your door? You’re being sued but how long do you have to file your answer? The Rule: How you were served will guide how long you have to […]
- debt collection
- Debt Collection Defense
- debt collector harassment
- Default Judgment
- Fair Debt Collection Practices Act
What Property is Exempt From Debt Collection?
By: Robert J. Nahoum THE PROBLEM: You’ve been sued, there is a judgment against you and now the debt collector is coming to enforce the judgment. You’re broke and out of work, can the debt collector take away your property? The Rule: In New York, as in most states, there is a laundry list of property exempt from judgment enforcement and […]