Blog Posts in 2013

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LR Credit 21 and Mel Harris firm Fail to Show Compliance with Exemption Law

Judge Ciaffa of New York District Court, Nassau County denies and dismisses Mel Harris' attempt to force a debtor's relinquishment of funds contained in a joint bank account. The cited defect ...
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New York Gets a "B" Grade from NCLC in its New Report on State Exemption Laws

All states have at least some exemption laws, which are laws that exempt certain amounts of a debtor's money or personal property from collection by a creditor. These laws are designed to prevent ...
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Class Action Proceeds against Bank of America for Violations of Exempt Income Protection Act

Finally, a bank may be answerable for ignoring rules to protect New Yorkers' exempt money from seizure by judgment creditors. After three federal cases denied a private right of action against ...
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Cohen & Slamowitz and Midland Funding Improperly Attempt to shift Burden to Judgment Debtor to Establish Exempt Income in Restrained Bank Account

Suddenly your bank accounts are frozen. Your money in that account represents social security income, pension funds, unemployment checks, veteran benefits, worker's compensation, wages within last ...
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Class action against LVNV Funding, Resurgent, and Mel S. Harris Survives Dismissal Motion

In Fritz v. Resurgent Capital Services, LP, [1] the plaintiffs in a class action assert claims against Resurgent Capital Services, LP, LVNV Funding, and Mel Harris, et al. for alleged violations of ...
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Colorado Capital Investments Inc. Sinks for Failure to Prove Ownership of Debt

As where many debt buyers fall short in credit card litigation, here [1] , Colorado Capital Investments failed to prove to a New York Civil Court that the defendant's "particular ...
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Cach, LLC Fails to Lay Proper Evidentiary Foundation for Purported Bank Records

Debt buyers certainly do not escape "well settled standards" when relying on documentary evidence to win summary judgment. See DNS Equity Group Inc. v. Elizabeth Lavelle, 2010 N.Y. Slip Op ...
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Proposed Debt Collection Regulations Expected to Strengthen Consumer Rights in New York

Last month, the New York Department of Financial Services announced proposed regulations that are designed to provide heightened protection for New York consumers against rampant abusive debt ...
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Does issuance of a 1099-C mean you are not legally responsible for the debt?

Cancellation of debt legally owed represents income that must be included in your tax return. To encourage compliance with this tax responsibility, Congress amended the Internal Revenue Code in 1993 ...
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Consumer's FDCPA Claim Not Barred by "Entire Controversy" Doctrine and Choice-of-Law Issue

A consumer was sued by Midland in New Jersey state court for an allegedly delinquent debt that had originated in Pennsylvania, where the consumer had once lived. Pennsylvania contract claims are ...
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NJ Court Dismisses FDCPA and FCRA Claims due to Defective Pleadings

The case of Fallas v. Cavalry SPV I, LLC [1] out of the New Jersey District Court reminds us of how important it is to draft specific pleadings in FDCPA and FCRA actions. Here, the plaintiff alleged ...
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Asset Acceptance Case Reversed on Appeal; Admissible Evidence of Credit Card Debt Not Submitted with its Summary Judgment Motion

Debt-buyer, Asset Acceptance, LLC, failed to "carry its evidentiary burden" to win a summary judgment motion involving an alleged Citibank credit card debt. A summary judgment motion is a ...
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No FDCPA Violation Where Non-Attorney Representative Called Consumer On Behalf of Forster & Garbus

In a recent case in the US DIstrict Court for the Eastern District in New York, the plaintiff brought a cause of action against Forster & Garbus, alleging that its practice of having a ...
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Resurgent Capital Services, LLC Fails in its Attempt to "Amend" the Caption to Replace it with LVNV Funding as Real Party in Credit Card Lawsuit

Resurgent Capital Services, LLC, represented by Mel Harris & Associates, LLC, was denied in its attempt, by motion, to simply amend the case caption to substitute Resurgent with different debt ...
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Filing a Time-Barred Bankruptcy Claim by LVNV Funding Not an FDCPA Violation, Holds Federal Court

During the context of a bankruptcy wherein LVNV Funding, LLC allegedly filed time-barred proof of claims (past statute of limitations) in violation of Fair Debt Collection Practices Act (FDCPA), two ...
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The 7-Year Issue: Debt Collectors, Original Delinquency Dates, and Your Credit Report

In this profession, we deal with many debt-buyer cases where the original creditor has very limited involvement. Many debt buyers purchase old debts where the original creditor fails to provide ...
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Guarantors Unable to Escape Liability for $250,000 Capital One Loan

Two guarantors of a $250,000 loan issued by Capital One failed to convince a Kings (Brooklyn, New York) Supreme Court judge that their signed guaranties were unenforceable. Capital One moved by ...
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District Court Strikes Midland Funding's Notice to Admit in Credit Card Lawsuit

In short, District Court, Nassau County [1] ruled that Midland Funding, LLC may not use a Notice to Admit in lieu of laying a proper foundation for admission of documents necessary to establish its ...
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Retirement Funds Are Exempt from Bank Restraints in New York

Are you a New York resident who maintains a bank account that consists of retirement or pension funds? If so, you should be aware that those retirement funds are beyond the reach of creditors ...
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CACH, LLC Loses Attempts at Summary Judgment and Motion to Strike

A summary judgment motion is a written request for judgment based on evidence obtained before trial. Such evidence can include documents, testimony, and affidavits by witnesses qualified to testify or ...
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FDCPA Class Action Against Erin Capital Management for Lack of Licensure

The proposed class-plaintiffs in Collins v. Erin Capital Management, LLC [1] allege that Erin Capital violated the Fair Debt Collection Practices Act ("FDCPA") for suing Florida consumers ...
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"Sewer Service" May Violate FDCPA, Holds New York Federal Court

The defendants in this case [1] : Mel S. Harris & Associates and NCO Portfolio Management, Inc. The plaintiff sued these collection entities under the Fair Debt Collection Practices Act ...
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Facing Medical Debt in New York? 11 Good Medical Debt Protection Laws

Hospitals may not charge uninsured patients with income under 300% of the federal poverty level more than what the hospitals receive from Medicare, Medicaid, or the highest volume payer for that ...
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State or Local Tax Liens Appearing on Your Credit Report? We Can Help

If you have recently discovered that there is a state tax warrant or a tax lien against you, you are most certainly not alone. Similarly, if you have recently received a tax bill or notice, you are in ...
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Fired because of a Wage Garnishment? New York Law Compared to Federal Law

In our prior blog ("Has your Employer Fired You because of a Wage Garnishment/Income Execution... "), we discussed your statutory right to damages should your employer retaliate against you ...
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