Does a Debt Collector Violate the FDCPA When He Threatens to Take My Unemployment Benefits?

By: Robert J. Nahoum THE PROBLEM: You’re out of work, fallen on hard times and your only income is from unemployment benefits.  Now you’re being harassed or sued by a debt collector who has threatened to take your unemployment benefits.  Can he get away with it? The Rule: Under federal debt collection laws known as the 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 […]

Have You Been Sued on a Time Barred Debt?

By: Robert J. Nahoum Among the worst debt collector tricks is suing on time-barred debts. I find this trick particularly dirty because it requires not only the debt buyer, but the collection agency and their attorneys to collude and contribute to this clear consumer protection violation. These days, consumer debt buying is a thriving $100 billion a year industry. Debt buyers […]

Got A Debt Collection Letter or Call? Tell The Debt Collector To VERIFY THE DEBT!!!

By: Robert J. Nahoum Federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short) generally prohibits debt collectors from using unfair or unconscionable debt collection practices when trying to collect a debt. In addition to these prohibitions, debt collectors are required by the FDCPA to provide consumer with certain notices of your rights. In its first […]

Robert Nahoum’s article, “FDCPA, FCRA Claims: Hidden Trustee Treasure?,” was recently published by American Bankruptcy Institute Law Journal

Robert J. Nahoum’s article, “FDCPA, FCRA Claims: Hidden Trustee Treasure?,†was recently published in the American Bankruptcy Institute Law Journal, Vol. XXX, No 8, October 2011. Available Here. About the Author Robert Nahoum is a New York State attorney practicing consumer protection and general litigation in the Tri-State Area including New York City, Westchester, Rockland, Nassau and Suffolk. His practice […]