Blog Posts in 2011

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Palisades Acquisition XVI, LLC and Cohen & Slamowitz, LLP fail to appear in court to face our challenge to their money judgment and bank restraint

The lesson here is that if a creditor has frozen your bank account, call us right away to 1) claim your exemptions; and 2) attack the judgment upon with the bank attachment is premised. Our client was ...
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When your bank account is frozen, learn what your exemptions are and how to claim them.

The lessons in this case are 1) be aware that some sources of money are ALWAYS exempt from the reach of creditor judgments; and 2) quickly claim your exemptions with supporting documentation. The ...
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Why debt buyers have difficulty enforcing collection lawsuits.

The short answer: The Hearsay Evidence Rule. This rule prohibits the admission into evidence of statements – oral or written – made by an out-of-court witness offered to prove the truth of ...
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May Debt Collectors Recover Attorney's Fees From You?

The law in New York (indeed, in most states – it is so ubiquitous it is known as "the American rule") is that attorney's fees are not recoverable damages unless expressly ...
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The Langel Firm overturns $266,382 judgment and compels dismissal of case

The lesson here is that regardless of the size or procedural status of a legal claim for money, any money judgment based on bad service is attackable. In this case (anonymity requested), our client ...
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Palisades Collection, LLC and Pressler & Pressler, LLP sued for filing successive, jurisdictionally defective lawsuits against consumer

The front page of the New York Law Journal (Nov. 4, 2011) housed this torturous story about an Erie County woman who took it upon herself to hold accountable a debt buyer, Palisades Collection, LLC, ...
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Class action accuses Cohen & Slamowitz of vouching for falsified affidavits of service

Cohen & Slamowitz, LLC, a New York, high-volume debt collection law firm was sued for knowingly using falsified affidavits of service after it had been made aware that a particular process serving ...
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Palisades' Repeated Calls to Non-Debtor Not Barred By TCPA, Western District Holds

Does the Telephone Consumer Protection Act (TCPA) provide any protection when a debt collector repeatedly telephones someone who is not the debtor? Federal courts accross the United States are split ...
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Whistleblower's Allegations About JPMorgan Chase

A former JP Morgan Chase employee, Linda Almonte, has filed an SEC whistleblower case against the bank, making some very serious claims against Chase with regard to its debt collection practices. ...
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Court dismisses collection case by LVNV Funding and Mel Harris

We are pleased to report to you about a recent decision from Kings County Civil Court captioned LVNV Funding LLC v. Hatzakis, 111517-10/KI. The case, in which LVNV Funding sued to collect ...
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Controversial Encore Settlement Approved

Judge David Katz of the Northern District of Ohio last week approved a controversial class action settlement involving Midland Funding and Encore. The class action was brought in 2008 against ...
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Jury award 1.26 million to woman wrongfully garnished

A federal jury in New Mexico awarded a woman $161,000 for emotional distress damages and 1.1 MILLION for punitive damages against a law firm, Farell & Sandlin, for ignoring truthful evidence when ...
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CFPB looks at credit scoring

The Consumer Financial Protection Bureau (“CFPB”) was tasked with bringing increased transparency into consumer financial markets. As part of their mission, the bureau is looking into ...
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President Nominates Richard Cordray

At last! President Obama on Sunday made his nomination for the head of the new Consumer Financial Protection Bureau (“CFPB”), the agency charged with protecting consumers from abuses by ...
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CFPB is off to a good start

The Consumer Financial Protection Bureau, which doesn’t officially open for business until next week, has announced that it has partnered with the Judge Advocate Generals (JAGs) of the U.S. ...
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Elizabeth Warren to Testify about Consumer

Elizabeth Warren, the Harvard law professor charged with setting up the Consumer Financial Protection Bureau (“CFPB”) will testify today before the House Oversight Committee in Washington, ...
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Which would you rather read, the New York Times or your credit card agreement?

The new Consumer Financial Protection Bureau (and we encourage you to visit the CFPB’s website here) is tasked with, among other things, enforcing the new credit card laws that went into effect ...
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Update on Proposed settlement in Midland, Encore Class Action

Federal Judge David Katz heard argument yesterday in the Northern District of Ohio on a controversial class action settlement that would allow Encore Capital Group to pay $5.7 million to settle claims ...
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CBS Early Show - Fighting Abusive Debt Collectors

Yes, it’s true, we’ve been visiting the videos a lot lately. But they’re definitely worth taking a look at. Here’s a 2010 video from CBS about debt collector abuses. Remember, ...
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Free Credit Reports

If you think you may be a victim of identity theft, are concerned that you may have been sued for debt but were never served with a summons and complaint, or if you simply haven’t looked at your ...
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Blur - Debt Collector

For your Friday amusement, we thought we'd leave you with this tune called "Debt Collector," from Brit band Blur's 1994 disc "Park Life." We'd describe the song as a ...
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Your rights against debt collectors

Sometimes it seems like the debt collectors have everything in their favor. But they don't. You have rights. Know what they are. Below is a video from the Federal Trade Commission, one of the ...
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Law review article re debt buyer cases focuses on robo-signing, lack of proof

There is not a great deal of scholarly work out there regarding debt buyer cases, so it is a pleasure to see the publication of “The One Hundred Billion Dollar Problem in Small Claims Court: ...
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Citigroup faces lawsuit in Indonesia claiming its debt collectors beat man to death

A Bloomberg news report today tells a chilling tale of a man who was beaten to death in March by debt collectors hired by Citibank in Indonesia to collect on a $5,500 loan. The man, Irzen Octa, ran a ...
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