Blog Posts in January, 2012

Case Dismissed for Process Server's Failure to Produce Records at Traverse Hearing

In a recent decision titled U.S. Bank Nat. Assoc. v. Murillo, the Supreme Court, Nassau County, dismissed a foreclosure action for lack of jurisdiction because, at a traverse hearing, the process ...
Continue reading "Case Dismissed for Process Server's Failure to Produce Records at Traverse Hearing" »

The Langel Firm stops wage garnishment and causes dismissal of collection action brought by MRC Receivables Corp. and Cohen & Slamowitz, LLP

As is demonstrated over and over again, a creditor's money/default judgment is as good as the validity of service (delivery to defendant-debtor) of the underlying court papers (summons and ...
Continue reading "The Langel Firm stops wage garnishment and causes dismissal of collection action brought by MRC Receivables Corp. and Cohen & Slamowitz, LLP" »

Vacating a Default Judgment in New York - Another Potential Tool

Under CPLR § 3215(a), if the defendant has not appeared, the clerk may enter a default judgment if the claim is for money and the amount is for a sum certain. A recent case, Stephen B. Gleich ...
Continue reading "Vacating a Default Judgment in New York - Another Potential Tool" »

In New York City, does a debt collector violate the FDCPA for not acquiring its debt collector license before suing you?

So you are sued for a credit card debt by a company you've never heard of. For example, you are sued by Worldwide Asset Purchasing, LLC or Pride Acquisitions, LLC. In New York City, all debt ...
Continue reading "In New York City, does a debt collector violate the FDCPA for not acquiring its debt collector license before suing you?" »

Portfolio Recovery Associates v. King, Statutes of Limitation and Making Them Work for You in Collection Defense Cases

Statutes of limitations may be a complete defense against a debt collection lawsuit, but you must be sure you know what statute applies, and when the limitations period starts to run before you can ...
Continue reading "Portfolio Recovery Associates v. King, Statutes of Limitation and Making Them Work for You in Collection Defense Cases" »
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.