What Is—and Isn’t—a “Debt” Under the FDCPA?

By: Robert J. Nahoum What the FDCPA means by “debt” The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive, deceptive, and unfair collection practices. At the heart of the law is its definition of “debt”: “Any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services […]

Who Is a “Debt Collector” Under the FDCPA? (And Who Isn’t?)

By: Robert J. Nahoum Are You Being Harassed? Understanding Who the FDCPA Actually Regulates If you are receiving constant phone calls or threatening letters about an unpaid bill, you have likely heard of the Fair Debt Collection Practices Act (FDCPA). This federal law is a powerful shield that protects consumers from abusive, deceptive, and unfair collection tactics. However, a common […]

What Are Your Debt Validation Rights Under the FDCPA and New York Law?

By: Robert J. Nahoum If a debt collector is calling you, sending letters, or threatening legal action, you have important legal protections. The federal Fair Debt Collection Practices Act (FDCPA) gives you the right to ask a collector to validate the debt. In New York, additional state rules let you request substantiation of the debt at almost any time. Understanding these […]

Know Your Rights: The Mandatory Disclosures Every Debt Collector Must Provide

By: Robert J. Nahoum If you are receiving phone calls or letters from a collection agency, it often feels like they hold all the cards. However, the Fair Debt Collection Practices Act (FDCPA) is a powerful federal law designed to level the playing field. While many people know that the FDCPA stops collectors from using harassing tactics, fewer realize that […]

Attempting to Collect Debt Discharged in Bankruptcy Is Illegal

By: Robert J. Nahoum Debt collectors are known for their persistence when it comes to collecting debts. However, the Fair Debt Collection Practices Act (FDCPA) imposes certain restrictions on the methods used by debt collectors to collect debts. In particular, the FDCPA prohibits debt collectors from attempting to collect debts that have been discharged in bankruptcy. Bankruptcy is a legal […]

Sued By Palisades Collection, LLC In New York or New Jersey?

By: Robert J. Nahoum THE PROBLEM: You have just been served was a summons and complaint.  Palisades Collection, LLC or its affiliate debt buyer Palisades Acquisition XVI, LLC is suing you for an old debt. WHO IS PALISADES COLLECTION, LLC?: Palisades Collection, LLC is a debt collection agency who often collects consumer debts on behalf of its affiliate Palisades Acquisition XVI, […]

Who is the Least Sophisticated Consumer?

By: Robert J. Nahoum   THE PROBLEM: You’ve fallen behind on bills and get a debt collection letter from a lawyer.  The letter says that if you don’t pay a $75 medical bill you will be sued. You’re a pretty smart guy and you know that the lawyer is just blowing smoke – he’s not really going to sue you for […]

Sued By NCO Financial Systems, Inc. In New York or New Jersey?

By: Robert J. Nahoum             THE PROBLEM: You have just been served was a summons and complaint.  NCO Financial Systems, Inc. or one of its affiliated companies is suing you for an old debt. WHO IS NCO FINANCIAL SYSTEMS, INC.?: NCO Financial Systems, Inc. is an infamous “debt buyerâ€, buying up portfolios of old debt from […]

Can Debt Collectors Call Me at Work?

By: Robert J. Nahoum THE PROBLEM: Times are tough for you as they are for so many of us these days.  You’ve fallen behind on bills and the debt collectors have been after you.  You get regular letters in the mail and your phone rings all the time.  Now, you’re getting those calls at work.  Even worse, the debt collectors are […]