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Blog Posts in January, 2012

The United States Supreme Court examines the Telephone Consumer Protection Act (TCPA) and holds that consumers bothered by intrusive telemarketing calls can bring cases in federal district courts, in addition to state courts.

Posted on Jan 29, 2012 By Jesse Langel, Esq.
The case discussed in this blog entry represents a big win for consumers because it leaves open the option of suing harassing telemarketers in federal courts. So many federal district courts and ...
Continue reading "The United States Supreme Court examines the Telephone Consumer Protection Act (TCPA) and holds that consumers bothered by intrusive telemarketing calls can bring cases in federal district courts, in addition to state courts." »
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Case Dismissed for Process Server's Failure to Produce Records at Traverse Hearing

Posted on Jan 12, 2012 By Sheril Stanford
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 ...
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The Langel Firm stops wage garnishment and causes dismissal of collection action brought by MRC Receivables Corp. and Cohen & Slamowitz, LLP

Posted on Jan 11, 2012 By Jesse Langel, Esq.
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" »
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Vacating a Default Judgment in New York - Another Potential Tool

Posted on Jan 10, 2012 By Sheril Stanford
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 ...
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When a spouse passes away - New York courts tell Palisades Collection and American Express surviving spouses are not liable for deceased spouse's credit card debt unless companies prove surviving spouse explicitly agreed to pay

Posted on Jan 5, 2012 By Sheril Stanford
Can you be held liable for your wife's or husband's individual credit card debts if he or she passes away? The answer is dependent upon applicable laws in each individual state. Here, we will ...
Continue reading "When a spouse passes away - New York courts tell Palisades Collection and American Express surviving spouses are not liable for deceased spouse's credit card debt unless companies prove surviving spouse explicitly agreed to pay" »
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In New York City, does a debt collector violate the FDCPA for not acquiring its debt collector license before suing you?

Posted on Jan 4, 2012 By Jesse Langel, Esq.
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?" »
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Portfolio Recovery Associates v. King, Statutes of Limitation and Making Them Work for You in Collection Defense Cases

Posted on Jan 3, 2012 By Sheril Stanford
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" »
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