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Debt Defense Blog
Posted on May 24, 2013
Are you a New York resident who maintains a bank account that consists of retirement or pension funds? If so, you should be aware that those retirement funds are beyond the reach of creditors ...
Continue reading "Retirement Funds Are Exempt from Bank Restraints in New York" »
Posted on May 16, 2013
A summary judgment motion is a written request for judgment based on evidence obtained before trial. Such evidence can include documents, testimony, and affidavits by witnesses qualified to testify or ...
Continue reading "CACH, LLC Loses Attempts at Summary Judgment and Motion to Strike" »
Posted on May 10, 2013
The proposed class-plaintiffs in Collins v. Erin Capital Management, LLC [1] allege that Erin Capital violated the Fair Debt Collection Practices Act ("FDCPA") for suing Florida consumers ...
Continue reading "FDCPA Class Action Against Erin Capital Management for Lack of Licensure" »
Posted on May 9, 2013
The defendants in this case [1] : Mel S. Harris & Associates and NCO Portfolio Management, Inc. The plaintiff sued these collection entities under the Fair Debt Collection Practices Act ...
Continue reading ""Sewer Service" May Violate FDCPA, Holds New York Federal Court" »
Posted on May 8, 2013
Hospitals may not charge uninsured patients with income under 300% of the federal poverty level more than what the hospitals receive from Medicare, Medicaid, or the highest volume payer for that ...
Continue reading "Facing Medical Debt in New York? 11 Good Medical Debt Protection Laws" »
Posted on Apr 26, 2013
If you have recently discovered that there is a state tax warrant or a tax lien against you, you are most certainly not alone. Similarly, if you have recently received a tax bill or notice, you are in ...
Continue reading "State or Local Tax Liens Appearing on Your Credit Report? We Can Help" »
Posted on Apr 25, 2013
In our prior blog ("Has your Employer Fired You because of a Wage Garnishment/Income Execution... "), we discussed your statutory right to damages should your employer retaliate against you ...
Continue reading "Fired because of a Wage Garnishment? New York Law Compared to Federal Law" »
Posted on Apr 16, 2013
The Langel Firm has recently been retained on several cases where consumers had been sued for the same debt twice. In one particular circumstance, our client had been sued without ever having been ...
Continue reading "Sued Twice for the Same Debt? Assert Your Rights Immediately!" »
Posted on Apr 15, 2013
Users of credit cards fall into one of two categories – account holders or authorized users. Account holders apply for and agree to be obligated on the account. The account holder can authorize ...
Continue reading "Credit Card Liability: Distinguishing Authorized Users from Joint Account Holders" »
Posted on Apr 7, 2013
No, according New York CPLR § 5209, entitled, "Discharge of garnishee's obligation." Assuming the Income Execution itself contains the basic information required in CPLR § ...
Continue reading "Is your Employer Required to Investigate the Validity of an Income Execution?" »
Posted on Mar 31, 2013
Aptly titled, "Discrimination against employees and prospective employees based upon wage assignment or income execution," New York CPLR § 5252 sets forth in relevant part: "No ...
Continue reading "Has Your Employer Fired You because of a Wage Garnishment/Income Execution? Learn Your Rights Under New York Law." »
Posted on Mar 31, 2013
So your paychecks have been reduced by 10% (plus statutory interest and poundage fees) to pay off a judgment. Or, your creditor's lawyer seized your bank account bringing you to your knees forcing ...
Continue reading "Pay off a New York Judgment? Creditor is Obligated to File Satisfaction or Pay Penalty." »
Posted on Mar 27, 2013
New York's exemption claim form process as recently codified in CPLR § 5222-a acts together with other New York statutes to constitute the Exempt Income Protection Act (EIPA). The act is ...
Continue reading "LR Credit 22, LLC Sanctioned For Not Timely Honoring Exemption Claim Form" »
Posted on Mar 27, 2013
In a decision issued on March 22, 2013 by Judge Michael A. Ciaffa in the First District Court of Nassau County, the Court held that where a debt buyer brings litigation to collect on an unpaid debt, ...
Continue reading "The Langel Firm Secures Another Victory for Consumers Under the GBL - Judge Declares Baseless Debt Buyer Litigation Activity by Midland Funding Can Be Deceptive Act and/or Practice" »
Posted on Mar 25, 2013
Short answer: To ensure that there is an adequate sum of money to cover the judgment amount, the expenses of collection and the continually accruing interest, while allowing the judgment debtor access ...
Continue reading "New York Banks Freeze Double the Judgment Amount. Why?" »
Posted on Mar 22, 2013
Today, we report on a New York appellate case, First New York Bank v. Alexander, [1] that affirms basic elements of NYCPLR § 211(b): acknowledging a debt in writing or making partial payment on a ...
Continue reading "Listing Judgment on Bankruptcy Petition could Renew Enforceability of Otherwise Time-Barred Judgment, holds New York Appeals Court" »
Posted on Mar 6, 2013
The Langel Firm is a New York law firm practicing debt defense litigation. But we report on relevant cases all over the country. The case discussed below affirmed a North Carolina trial court's ...
Continue reading "Credigy Receivables, Inc. Sues a Victim of Identity Theft, and Court Upholds Victim's Award of Attorneys' Fees for Frivolous Enforcement of Judgment" »
Posted on Mar 4, 2013
The Eastern District of Michigan denied a motion to dismiss brought by the attorneys for Atlantic Credit & Finance, Inc. in Misleh v. Timothy E. Baxter & Associates (E.D. Mich. 2011). The ...
Continue reading "District Court Finds that Communications Directed to a Consumer's Attorney may be Actionable Under the FDCPA" »
Posted on Feb 28, 2013
The Civil Court of Kings County granted a defendant consumer's application to vacate a default judgment entered against her by CACV of Colorado, LLC, and then declined to put the parties back on ...
Continue reading "CACV of Colorado, LLC Fails to Prove it Complied with Settlement Stipulation" »
Posted on Feb 28, 2013
The District Court of Nassau County, New York denied Rushmore Recoveries' motion for summary judgment in Rushmore Recoveries X, LLC v. Skolnick (Nassau Cty. Dist. 2007). Rushmore Recoveries sued a ...
Continue reading "Rushmore Recoveries has no Evidentiary Foundation to Warrant Summary Judgment, Holds Court: Business Records Exception to Hearsay Rule Not Shown" »
Posted on Feb 27, 2013
In a case decided in early February by the New York State Supreme Court in Queens County, the court held that a judgment creditor could not garnish HRA benefit checks that are ultimately received by ...
Continue reading "New York Supreme Court Rules HRA Welfare Payments Not Garnishable: Creditor Must Wait until Judgment Debtor Endorses Welfare Payments to Pursue Enforcement Remedies" »
Posted on Feb 27, 2013
The Civil Court of Richmond County, New York vacated an underlying judgment against a consumer when debt collector, Collins Financial, applied to assign the judgment to a third-party debt purchaser. ...
Continue reading "Debt Purchaser, Collins Financial, is not Entitled to Default Judgment due to Lack of Sufficient Proof" »
Posted on Feb 27, 2013
Year after year, the Federal Trade Commission (FTC) receives more consumer complaints about debt collection than any other single industry. Dubbed the "first major empirical study of debt ...
Continue reading "15 Valuable Points of FTC Debt Buyer Study Involving Consumer Debts (2013)" »
Posted on Feb 8, 2013
With remarkable factual similarity to our I.B. (name protected for confidentiality) action against Pressler & Pressler, the same Southern District Court (New York) let collection firm Cohen & ...
Continue reading "Cohen & Slamowitz Sued under FDCPA for Pursuing Wrong Person for Debt" »
Posted on Jan 31, 2013
New York-based debt buyer, North Star Capital Acquisitions, failed to convince a federal court that its practice of sending consumers, with its initial complaint, a "Stipulation for Entry of ...
Continue reading "Class Action Accused North Star Capital Acquisition of Abusing Legal Process with Deceptive Stipulations Sent with Initial Complaints" »
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