By: Robert J. Nahoum THE PROBLEM: You come home to certified mail notice from the post office. Knowing that few good things come to you by certified mail; you are immediately concerned. Off to the post office you go to uncover the mystery. When you open the envelope, you are baffled to see a legal looking document that calls itself […]
Can an Information Subpoena Violate the FDCPA?
Are Home Owners’ Association Dues Subject to the FDCPA?
By: Robert J. Nahoum THE PROBLEM: You have suffered a health set back or lost your job. You fell behind on bills and your condo, co-op or town house was foreclosed. You thought you left all those troubles behind you but now you are getting debt collection letters and phone calls from a debt collection agency for your former home […]
Can a Debt Collector Charge Interest on an Old Debt?
By: Robert J. Nahoum THE PROBLEM You’ve been getting phone calls and letters from a debt collector on an old credit card bill. The amount they are trying to collect seems to be a lot more than you thought you owed. What can account for the larger than expected balance? Could it be interest? THE RULES Federal debt collection laws […]
Palisades Collection and its Lawyers Pressler & Pressler Settle New York FDCPA Claims for $3.9 Million and Reversal of 48,000 default judgments
By: Robert J. Nahoum In 2014, a lawsuit was filed against New Jersey-based, publicly traded, junk debt buyer Asta Funding, its subsidiary Palisades Collection and their attorneys Pressler and Pressler. The suit filed in the United States District Court for the Southern District of New York alleged violations of the Fair Debt Collection Practices Act (FDCPA), a federal law that […]
Debt Collectors Must Tell NY Consumers if the Debt a Too Old to Collect
By: Robert J. Nahoum THE PROBLEM: You are surprised to be receiving phone calls and letters from a debt collector; you thought you cleared up all your bad debts years ago. How can they still be contacting you on such old debts? The Rule: In New York, a debt collector must maintain reasonable procedures for determining the statute of limitations […]
What is the FDCPA Mini-Miranda?
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 off the hook. In most, but not all letters and phone calls, the debt collector […]
When Does the FDCPA One Year Statute of Limitations Clock Start Ticking?
By: Robert J. Nahoum THE PROBLEM: You have been harassed, abused, misled and lied to by a debt collector in violation of Federal debt collection laws called the Fair Debt Collection Practices Act (FDCPA for short). You’ve done your research and learned that you can sue the debt collector for its abuses. However, you’ve also learned that the FDCPA has […]
Must a Debt Dispute Under the FDCPA be in Writing?
By: Robert J. Nahoum THE PROBLEM: You’ve been contacted by a debt collection agency trying to collect a debt but you are certain you’ve already paid it. You tell the debt collector that you are officially disputing the debt? The question you are now asking yourself – is this oral dispute sufficient or must the dispute be in writing? The […]
LVNV Funding and Eltman Law Debt Collection Case Dismissed for Sewer Service
By: Robert J. Nahoum RECENT VICTORY: Our client recently discovered a default judgment entered against her in 1997 when her employer notified her that her wages were going to be garnisheed. Sears had sued her in the Supreme Court in Rockland County for an old credit card account. Years later, the judgment was purportedly sold by Sears to Junk debt […]
4 Year Statute of Limitations on Store Branded Credit Cards in New Jersey
By: Robert J. Nahoum As reported by the New Jersey Law Journal, a three-judge Appellate Division panel ruled that “credit cards issued for a specific retailer are governed by N.J.S.A. 12A:20-725, which deals with the sale of good, rather than N.J.S.A. 2A:14-1, which governs most contractual claims and has a six-year statute of limitations. ‘[W]e hold that the claims arising […]