By: Robert J. Nahoum THE PROBLEM: You’re behind on your bills and debt collectors are hot on your trail. The debt collection letters are pouring in the door and the phone is ringing off the hook. Something about those debt collection calls doesn’t sound right.  You’re being told information that is false, misleading or harassing. Can you record these calls and […]
- 15 U.S.C. §1692 et. seq.
- Collection Agencies
- Consumer Protection
- debt collection
- debt collector harassment
- Fair Debt Collection Practices Act
Should I Record Debt Collection Calls?
3rd Circuit Rules Debt Collection Letter Violates The FDCPA Because It Can Be Reasonably Read To Have Two Or More Different Meanings, One Of Which Is Inaccurate
By: Robert J. Nahoum Consumer Ray Caprio filed a lawsuit in the Federal District Court for the District of New Jersey against debt collector Healthcare Revenue Recovery Group, LLC claiming that a debt collection letter he received violated Fair Debt Collection Practices Act (FDCPA) because it could confuse “the least sophisticated consumer†into taking two different courses of action.  The letter […]
What Are Private Attorneys General?
By: Robert J. Nahoum THE PROBLEM: In each state, the protection of consumers from unscrupulous businesses is left in the hands of the Attorney General. However, because they have limited budgets and are elected officials subject to the political whims of the day, Attorneys General are not capable of addressing each instance of commercial wrong doing. THE RULE: To ease the […]
- 15 U.S.C. §1692 et. seq.
- Collection Agencies
- Consumer Protection
- debt collection
- Debt Collection Defense
- debt collector harassment
- Fair Debt Collection Practices Act
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 […]
- 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 […]
What’s the Difference Between a Debt Buyer and an Original Creditor?
By: Robert J. Nahoum THE PROBLEM: An unfamiliar name shows up on your credit report as a company you owe money; you get debt collection letter in the mail saying you owe money to a company you’ve never heard of; you’re being sued for a debt by a company you don’t know. The reason you’ve never heard of these companies […]
Debt Collection Lawyers Are Liars
By:Â Robert J. Nahoum Q: How can a pregnant woman tell that she’s carrying a future lawyer? A: She has an uncontrollable craving for bologna. Q: How does an attorney sleep? A: First he lies on one side, then he lies on the other. Q: What’s the difference between a lawyer and a liar? A: The pronunciation. Q: How can you […]
How Do You Stop Debt Collector Harassment?
By: Robert J. Nahoum One of the most prolific strategies used by those damn debt collectors is to annoy and harass the consumer into paying. They call you over and over again until you cry uncle and make a payment. Sometimes it feels like every time you pick up the phone it’s that damn debt collector again on the other end. […]
Can a Debt Collector Leave Me a Voicemail Message?
By:Â Robert J. Nahoum Have you recently received strange voicemail messages from debt collectors that start off with all kinds of warnings about not listening to the message? They go something like this: “This message is for Joe Shmoe, if this is not Joe Shmoe please hang up. Â This is a private message for Joe Shmoe, you have 5 seconds to […]
How Will An FDCPA Claim Help My Credit?
By:Â Robert J. Nahoum Often the best ideas for blogs come directly from questions my clients ask me. Recently, I had a Hudson Valley client for whom we are pursuing debt collection law violations ask how pursuit of those claims might help to improve his credit score. Initially, I was thrilled that he was concerned with his credit and thinking into […]