By: Robert J. Nahoum Debt collection lawyers’ bread and butter are default judgments because they are the quickest and easiest way to hang up consumers for old debts.  The fastest way to a default judgment is when the consumer fails answer the complaint. If you are unaware that you have been sued, the debt collector can have a default judgment […]
The Ripple Effect of a Default Judgment
There is a Default Judgment on My Credit Report
By: Robert J. Nahoum The Problem: You have recently discovered that you had been sued by a debt collector and that judgment has been entered against you. The judgment shows up in the public records section of your credit report and is bringing down your credit score. What should you do? The Rules: A judgment on your credit report must […]
Debt You Thought You Paid Off Through Debt Settlement
By: Robert J. Nahoum THE PROBLEM: I have written before about debt settlement and how it works. To be clear, I am no fan of debt settlement and think that it is generally a bad idea for any consumer. In my opinion, the better mechanism for dealing with debt is usually a chapter 7 bankruptcy. A common problem we see […]
What is A Judgment Lien on Real Property?
By: Robert J. Nahoum If you’ve been sued and a debt collector and a judgment has been against you, that judgment allows the debt collector to garnishee wages , freeze your bank accounts and levy on your real property including your home. The lien on real property is a passive method for enforcing the judgment meaning that the only […]
A Checklist For Proper Service of a NY Debt Collection Summons and Complaint
By: Robert J. Nahoum In New York debt collection lawsuits, most cases are won on default where the consumer never answered the complaint. Many consumers don’t answer because they don’t know they’ve been sued. Most don’t know they’ve been sued because the debt collector never properly served copies of the summons and complaint. According to New York State law, before […]
What is an Inquest in a New York Debt Collection Case?
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 […]
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 […]