Blog Posts in March, 2010

Pointers on attacking assigned judgments.

Here's a bulleted list of helpful challenges to your debt buyer's judgment: Verify a proper acknowledgment in the form required to entitle the recordation of a deed (CPLR §5019(c); Real ...
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Consumer's claims fail against Forster & Garbus, Esqs.

Long Island debt collection firm, Forster & Garbus, finds itself in the hot seat again in Federal court facing claims of Fair Debt Collection Practices Act (FDCPA) violations. Unfortunately, the ...
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FDCPA Violation where Lawyer Duns and Sues with Limited Information on Debt

Collection firm Cohen & Slamowitz was found to have violated the Fair Debt Collection Practices Act for signing off on mass-produced complaints without having undertook reasonable measures to ...
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Eltman, Eltman, & Cooper, P.C. sanctioned for frivolous collection conduct

A Manhattan law firm committed a "veritable perfect storm of mistakes, errors, misdeeds, and improper litigation practices" in trying to collect a debt from a Long Island woman. Elman, ...
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Today's New York Law Journal

The O utside Counsel column in today's Law Journal was entitled, "Borrowed Time: Applying Statute of Limitations in Consumer Debt Cases." Some good points: The reason for the scant ...
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Court does not honor sister money judgment; lack of evidence exposed

Interesting. A Kings City Court judge refused to confirm a California judgment in the context of a summary judgment motion. Under CPLR §§4540 and 3212, the court found that Defendant's ...
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Summary Judgment precluded; Contract & Account Stated not proven

Involving a dispute over a contract governing a linen service agreement, a central issue was the viability of plaintiff's "account stated" claim. Now, I've been focusing on account ...
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Process server doesn't show up; case dismissed

At my traverse hearing (to resolve the issue of jurisdiction) today, debt collection firm, Forster and Garbus, discontinued its lawsuit against my client. At a traverse hearing, the plaintiff's ...
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