Blog Posts in January, 2011

Creditor bully you and hurt your credit? Consider your credit damage

What is credit damage? A financial injury resulting in a reduced credit score, increased costs (i.e., interest rates) and a reduced ability to obtain credit. Why is it important? Your credit report is ...
Continue reading "Creditor bully you and hurt your credit? Consider your credit damage" »

Don't let debt collectors convince you to revive expired debts by making payment!

Maybe you lost your job, or had a medical emergency. Or something happened to cause you to stop paying on a credit card. Fast-forward seven years. You pick up the phone one day, and it’s some ...
Continue reading "Don't let debt collectors convince you to revive expired debts by making payment!" »

When to hire us

When to hire us : 1) You discovered you have been sued (by mail, service, or noticed collection/judgment on your credit report). 2) You missed a court date relating to your debt lawsuit. 3) Your bank ...
Continue reading "When to hire us" »

Active Members of Military are Protected from Default Judgments

As our troops continue to return home from service in Iraq, Afghanistan and other parts of the world, here is a reminder of the special rights that are afforded to our service members under the ...
Continue reading "Active Members of Military are Protected from Default Judgments" »

Richmond County Judge Asks Creditors to Provide More Proof

Judge Straniere of the Richmond County Civil Court has made it a bit more difficult for some creditors to get default judgments in his courthouse. In a January 6, 2011 opinion, the Judge wrote, ...
Continue reading "Richmond County Judge Asks Creditors to Provide More Proof" »

Portfolio Recovery Associates caught filing defective affidavits

The behemoth debt buyer, Portfolio Recovery Associates (PRA), is accused of filing thousands of affidavits allegedly signed by a woman -- after she died. With their employees signing "on ...
Continue reading "Portfolio Recovery Associates caught filing defective affidavits" »

Falling Behind on Bills? Protect Yourself

When you’re unemployed, struggling or unable to pay bills, it’s tempting (and understandable) to ignore all those envelopes and other communications that pile up, demanding your attention ...
Continue reading "Falling Behind on Bills? Protect Yourself" »

Can they do that?!

Call you where you work, every week, for over a year trying to collect a debt? No. Collectors can’t do that. [1] Talk to your supervisor at work about money you owe? No. Collectors can’t ...
Continue reading "Can they do that?!" »

NDNY- OK for firm with no NY lawyers to send dunning letters to New Yorkers

Judge David N. Hurd of the Federal District Court for the Northern District of New York has held that a law firm, Frederick J. Hanna & Associates, P.C., did not violate the FDCPA when it sent a ...
Continue reading "NDNY- OK for firm with no NY lawyers to send dunning letters to New Yorkers" »

Court rules FDCPA applies to debtor's attorney

A great win came from the Third Circuit Court of Appeals on January 12, 2011, in Allen v. LaSalle Bank, which reversed a District Court holding that dismissed a plaintiff's lawsuit alleging that ...
Continue reading "Court rules FDCPA applies to debtor's attorney" »

Palisades Collection, Forster & Garbus sue wrong woman

A young woman in New York who was wrongfully sued on a debt that was not hers has taken action by suing back. And this week, her suit survived a motion to dismiss made by the defendants. The judge in ...
Continue reading "Palisades Collection, Forster & Garbus sue wrong woman" »

Class action accuses Mel S. Harris of "massive scheme" of using falsified affidavits of service

In a major victory for consumers, Judge Chin denied a motion to dismiss, setting the stage for a case that alleges a massive scheme to fraudulently obtain default judgments to proceed in the Southern ...
Continue reading "Class action accuses Mel S. Harris of "massive scheme" of using falsified affidavits of service" »

Wall Street Journal discusses explosion in debt-buyer collection litigation

Entitled, "Boom in Debt Buying Fuels Another Boom -- in Lawsuits," describes how the economic downturn has blossomed the secondary debt market. These behemoth-investor-collection houses ...
Continue reading "Wall Street Journal discusses explosion in debt-buyer collection litigation" »

Always resolve the state collection actions before bringing FDCPA actions

If a collector can raise the preclusionary "Rooker-Feldman Doctrine" it will. This doctrine essentially disallows "state-court losers" from attacking state-court judgments in ...
Continue reading "Always resolve the state collection actions before bringing FDCPA actions" »

American Express' submission of electronic records fail to satisfy New York evidentiary rules

The lesson here is to always challenge electronic "reproductions" of any evidence, especially account statements, submitted in support of a credit issuer's lawsuit against you. In this ...
Continue reading "American Express' submission of electronic records fail to satisfy New York evidentiary rules" »

The Firm secures dismissal "with prejudice" against credit card debt buyer, Cach, LLC

This morning, Justice Greco of Queens Civil Court, dismissed a $6,000 lawsuit against my client after the plaintiff's process server failed to appear at a traverse hearing (a hearing to determine ...
Continue reading "The Firm secures dismissal "with prejudice" against credit card debt buyer, Cach, LLC" »

Judge Spotlights Problems Faced By Unrepresented Debtors

Nassau County District Court Judge Ciaffa stepped in on behalf of a pro se debtor who had been sued by debt buyer LR Credit 21, LLC. The debtor, who had signed a stipulation of payment, told the judge ...
Continue reading "Judge Spotlights Problems Faced By Unrepresented Debtors" »

The Firm causes dismissal of student loan lawsuit due to bad service

On June 4, 2011, Jesse Langel secured the dismissal of a $31,000 default judgment on the grounds that the process server, Andrew Lindauer of AAA Attorney Service Co. of NY, Inc., failed to appear at a ...
Continue reading "The Firm causes dismissal of student loan lawsuit due to bad service" »
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.