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 […]
Is There a Money Judgment Against You In Another State?
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 […]
Was I Properly Served With a Summons and Complaint?
By: Robert J. Nahoum The Problem: Were you surprised to learn that your bank account has been frozen or your wages have been garnisheed? If your answer is yes, a debt collector likely has a default judgment against you from a lawsuit you had no idea had been filed. In debt collection lawsuits, most cases are won on default where the […]
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 […]
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, […]