Debt Defense Blog

5 Notary Defects to Raise in your Collection-Defense Case

What is a notary? A notary public is appointed by the state to verify the 1) signer's identity; 2) signer's willfulness; and the 3) document's authenticity. A notary is appointed by the ...
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10 Phenomenal Books for the Money Conscious

It has been a while since my last blog post. The primary reason for the delay was a deep immersion in self-education and formal education. Since the completion of my LL.M. (tax law), I'm preparing ...
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100 Examples of the 80/20 Rule

Also known as: The Pareto Principle The Principal of Least Effort The Principal of Imbalance The Law of the Vital Few and the Trivial Many The More with Less Principal The Rule The 80/20 Rule asserts ...
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Taxation of Lawsuit Recoveries: 10 Points of Law

The same tax rules apply whether the award is made by settlement (before or after lawsuit) or awarded through a judgment. But the parties can influence taxation by inserting pivotal facts in a ...
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Tax Court Filing Deadlines are Not Extendable

Tax law is harsh when it comes to most filing deadlines, which are considered jurisdictional and not subject to equitable tolling. Even one day late, regardless of the harshness of result, will block ...
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Is your Tax Accountant Covered under the Attorney-Client Privilege?

Under the tax code, the confidentiality privilege only applies in non-criminal tax matters. But United States v. Kovel (2nd Cir. 1961) stepped in to extend the attorney-client privilege to cover ...
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The Government can Compel Disgorgement of Tax Return Preparer's ill-gotten Gains, says Federal Appeals Court.

The case referred to is U.S. v. Stinson, a federal appeals decision that affirmed the disgorgement (repayment) of $949,952.47 against a tax return preparer. Disgorgement, which compels wrongdoers to ...
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The National Taxpayer Advocate Points to Systemic Flaws within the IRS

Despite the IRS' recent achievements, and its 5-year Strategic Plan to streamline operations, The National Taxpayer Advocate exposed some core weaknesses. The National Taxpayer Advocate (NTA) is ...
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Despite Budget Restraints, The IRS is Committed to Improving Quality

The IRS published its 5-Year Strategic Plan for years 2018 to 2022. Below are some of its strategic goals. Honoring the Taxpayer Bill of Rights; Encouraging more online interaction to increase ...
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The Importance of Substantiating Deductions and the Government's Burden of proving Penalties

Here's a case where pro se tax payers did themselves no favors in tax court lacking documents while providing conflicting excuses for not having them. Generally, deductions are a matter of ...
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Use of Focus Groups to Gauge Impact of Evidence

I attended the legal seminar "Evidence to Win 2018" presented by New York State Trial Lawyers Institute. The speakers were Robert Genes, Nicolas Timko, Larry Simon, Andrew Finklestein, and ...
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Medical-Debt Blog: Basic Hospital Classifications

It never hurts to understand your adversary. Medical debt relating to unplanned hospital visits can result in the financial dispute of your life. But as in any other collection cases, defenses exist! ...
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Collection Defense: Tips & Hacks #4 (Vacate Judgment, Debt buyers, Court Rules, Asset Recovery Solutions, LLC)

Inspired from our business facebook page, we delightfully offer some points and rules to use in your collection defense. The New York City Civil Court system has been dubbed, "the credit card ...
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Vacating a Default Judgment in New York: Some Fine Points

Receive a wage garnishment? Bank account frozen? Bothered by a judgment? If you are not in the position to hire us, although we always like to hear from you, I want you to understand some points under ...
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Receive a letter by Asset Recovery Solutions? Demand Validation!

I am not a nitpicky FDCPA lawyer. But I am an aggressive collection-defense litigator who has no hesitation to retaliate under the FDCPA when my clients are left in the dark without basic information. ...
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New York Court Rules will Undoubtedly Impact Debt-Litigation Market, says Jesse Langel, Esq.

A recent blog post discussed recent regulations enacted by New York State, which impose pre-lawsuit requirements on debt collectors. Those regulations require initial disclosures that recite exempt ...
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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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