Debt Defense Blog

Debt-Buyer Defense #6: The Complaint Lacks a Debt-Collection License Number

The below-cited law, CPLR § 3015(e), is a potent defense that subjects a debt-buyer lawsuit to dismissal for failing to place its debt-collection-license number in its complaint. The state law ...
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Has the Debt Buyer Proven Ownership of your Particular Debt?

In debt-collection lawsuits, a debt buyer must prove that it has been assigned your particular account. [1] Notice from an assignor (original bank) to the consumer, while important, does not represent ...
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The 5 Scenarios in which Collectors have Standing to Bring Collection Lawsuits

We operate heavily in the debt-buyer litigation market. Standing (ability to show connection to an injury) is always a core defense since the debt buyers' Achilles heels are the admissibility of ...
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New York State Regulations Governing Debt Collectors and Debt Buyers

Below are the complete debt-buyer regulations promulgated in 2015. Also below are "frequently asked questions" taken from the Department of Financial Services' website. Important to note ...
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11 Questions to Raise in a Debt-Buyer Lawsuit (Authenticity of Electronic Reproductions)

Our last blog ( Can a Debt Buyer Authenticate a Creditor's Business Records? ) addressed the general rule that debt buyers usually lack the personal knowledge to "lay a foundation" to ...
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Can a Debt Buyer Authenticate (Admit into Evidence) an Original Creditor's Business Records?

The General Rule Do you have a case where a debt buyer [1] is using an affidavit signed by its own employee to introduce account statements of the original bank? That is generally not allowed because ...
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The Langel Firm Settled a $69,139 Judgment (Pinpoint Technologies) for $2,000

Our client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...
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Unifund CCR, LLC Case Dismissed for Not Seeking Default Quickly Enough

We have been seeing an interesting trend lately: debt buyers, without legal justification, moving for entry of a default judgment after the legal deadline. That deadline is one year after a consumer ...
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$36,000 Unifund Garnishment Stopped in its Tracks; Case Discontinued

As always, time is of the essence when facing an income execution (garnishment). We needed to respond quickly to the final stages of a garnishment executed by Marshal Ronald Moses. In the underlying ...
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Debt Defense: Tips & Hacks 3 (Exempt Income Protection Act)

Last week included a lot of exemption-claim work. We are testing the limits of New York's "bad faith" clause under CPLR § 5222-a(g) [1] to hold accountable a judgment creditor, its ...
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Debt Defense: Tips & Hacks 2 (Frozen Bank Accounts)

Exemption law has been at the forefront of this week's Facebook posts. New York's Exempt Income Protection Act, which went into effect on January 1, 2009, established procedures for releasing ...
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Debt Defense: Tips & Hacks 1

Our "Debt Defense: Tips & Hacks" series was inspired by our Facebook page that we're delighted to see obtain increased viewership. Our goal is to provide quick, useable, and current ...
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Vacating a Judgment Based on Bad Service? Bring This to Court!

Improper service of the summons and complaint often is your primary weapon to seek relief against a judgment. Here's a blog post discussing the basic law involved in that process. Establishing ...
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A Special Thank You from Jesse Langel, Esq., Debt-Defense Counsel

It is December 31, 2016, and I need to thank our wonderful clients, colleagues, and the New York State judiciary, all of which enable us to further this rewarding practice. It has been another busy ...
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Consent Order May Provide Relief for Chase Bank Debt

In 2015, Chase bank entered into a consent order in response to accusations from 47 Attorney Generals that Chase had committed several acts of systematic wrong-doing in its attempt to collect and sell ...
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Sued By National Collegiate Student Loan Trust? Some Basic Information

What connection does this "trust" have to my student loan? These trusts are not lenders or guarantors. National Collegiate Student Loan Trust is a trust, or series of trusts, that contain ...
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Carefully Drafted Motions Provide Leverage when Disputing Wage Garnishments

A client contacted us after she received a wage garnishment stemming from a judgment that had been obtained against her by LVNV Funding. The judgment was obtained in 2007 for about $6,000 and had rose ...
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Upon Seizure of Bank Account, Often Times Quick Settlement is the Best Solution

Each case must be considered under its facts and circumstances. Although our Recent Victories reflect many of our outright dismissals, it is important to know that settlement — especially in the ...
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Methods of Service of Legal Papers on a Person: New York

In order to properly commence a lawsuit, the plaintiff must serve a Summons and Complaint or a Summons with Notice upon the defendant. Proper service under CPLR 308 can be effectuated in a few ...
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$36K Unifund CCR Judgment and lawsuit Wiped Out for Bad Service

Fair is fair. And if a consumer is clearly not notified of a court case, why should that consumer be forced to turn over hard-earned wages toward a $36,158 garnishment? Why should that consumer even ...
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Unifund CCR Case Dismissed for Failure to Timely Serve Summons

Related to the issue in our last blog post, we caused the dismissal of a $14,000 case on the grounds that the plaintiff, Unifund, CCR, LLC, waited too long to properly serve our client. Almost a year ...
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The Clock Ticks for Plaintiffs to Serve a Summons and Complaint

To be held valid, service of the summons and complaint must be made within 120 days of commencement of the action. [1] If service is not made within that time the court may entertain two options: 1) ...
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Served Improperly with a Summons and Complaint? Move to Dismiss within 60 Days!

New York law is strict when it comes to preserving — and acting upon — a defense grounded on improper service. In a nutshell, and subject to other rules (which I invite you to contact me ...
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5 Ways the C.A.R.D. Act is Helping Consumers of Credit

On May 22, 2009, President Barack Obama signed the Credit Card Accountability, Responsibility and Disclosure Act into law. Since then, consumers have saved over 12 billion dollars, below are five ways ...
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Creditors' Burden of Proof in Student Loan Cases

To file a lawsuit, the Plaintiff is required to have standing. In order to satisfy the standing requirement: The plaintiff must have suffered an injury; Caused by defendant's actions; With a ...
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