Blog Posts in March, 2013
Posted on Mar 31, 2013 By Jesse Langel, Esq.
Aptly titled, "Discrimination against employees and prospective employees based upon wage assignment or income execution," New York CPLR § 5252 sets forth in relevant part: "No ...
Continue reading "Has Your Employer Fired You because of a Wage Garnishment/Income Execution? Learn Your Rights Under New York Law." »
Posted on Mar 31, 2013 By Jesse Langel, Esq.
So your paychecks have been reduced by 10% (plus statutory interest and poundage fees) to pay off a judgment. Or, your creditor's lawyer seized your bank account bringing you to your knees forcing ...
Continue reading "Pay off a New York Judgment? Creditor is Obligated to File Satisfaction or Pay Penalty." »
Posted on Mar 27, 2013 By Jesse Langel, Esq.
New York's exemption claim form process as recently codified in CPLR § 5222-a acts together with other New York statutes to constitute the Exempt Income Protection Act (EIPA). The act is ...
Continue reading "LR Credit 22, LLC Sanctioned For Not Timely Honoring Exemption Claim Form" »
Posted on Mar 27, 2013 By Melissa Flores, Esq.
In a decision issued on March 22, 2013 by Judge Michael A. Ciaffa in the First District Court of Nassau County, the Court held that where a debt buyer brings litigation to collect on an unpaid debt, ...
Continue reading "The Langel Firm Secures Another Victory for Consumers Under the GBL - Judge Declares Baseless Debt Buyer Litigation Activity by Midland Funding Can Be Deceptive Act and/or Practice" »
Posted on Mar 25, 2013 By Jesse Langel, Esq.
Short answer: To ensure that there is an adequate sum of money to cover the judgment amount, the expenses of collection and the continually accruing interest, while allowing the judgment debtor access ...
Continue reading "New York Banks Freeze Double the Judgment Amount. Why?" »
Posted on Mar 22, 2013 By Jesse Langel, Esq.
Today, we report on a New York appellate case, First New York Bank v. Alexander, [1] that affirms basic elements of NYCPLR § 211(b): acknowledging a debt in writing or making partial payment on a ...
Continue reading "Listing Judgment on Bankruptcy Petition could Renew Enforceability of Otherwise Time-Barred Judgment, holds New York Appeals Court" »
Posted on Mar 6, 2013 By Jesse Langel, Esq.
The Langel Firm is a New York law firm practicing debt defense litigation. But we report on relevant cases all over the country. The case discussed below affirmed a North Carolina trial court's ...
Continue reading "Credigy Receivables, Inc. Sues a Victim of Identity Theft, and Court Upholds Victim's Award of Attorneys' Fees for Frivolous Enforcement of Judgment" »
Posted on Mar 4, 2013 By Jesse Langel, Esq.
The Eastern District of Michigan denied a motion to dismiss brought by the attorneys for Atlantic Credit & Finance, Inc. in Misleh v. Timothy E. Baxter & Associates (E.D. Mich. 2011). The ...
Continue reading "District Court Finds that Communications Directed to a Consumer's Attorney may be Actionable Under the FDCPA" »