Blog Posts in May, 2013

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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