Blog Posts in 2014

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Bank Account Frozen From a New York Judgment (but you live outside NY)? Big Win for Consumers where "Separate Entity Rule" Voided Such a Bank Restraint.

A good percentage of our clients—who currently reside out-of-state—call in a panic upon discovering that their bank accounts are restrained (frozen) due to a default judgment from a New ...
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In New York, What Personal Property is Exempt from Creditors?

Below is a general list of what personal property ( real estate is next blog post) is exempt from the reach of your creditors. These exemptions reflect public policy to provide for your reasonable ...
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Debt Buyer's Failure to Communicate Disputed Nature of Debt to its Collector found Actionable under the FDCPA; Class Action survives Motion to Dismiss

In Plummer v. Atlantic Credit & Finance, Inc., [1] the court upheld three general rules: Debt buyers are debt collectors. Buying and selling debts is considered debt collection activity covered ...
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Seeking Relief from a Lien or Levy Pending an Appeal (New York)

Upon an appeal of a money judgment, and upon the purchase of a bond, CPLR § 5204 provides the judgment debtor with potential "suspension" of judgment enforcement, including the ...
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Can a Default Judgment Effect a Lien on my Home?

You better believe debt buyers and collection lawyers are looking for your money and property to satisfy their default judgment. First, they'll seek to restrain (" f reeze ") your bank ...
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Judgment Creditor versus Transferee: Who Has Rights to the Money/Property?

This blog entry is part of a series that simplifies each section of New York CPLR Article 52, "Enforcement of Money Judgments." There are 53 sections in Article 52. This entry is the 2 nd of ...
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A Simple List of What Property your Judgment Creditor May Seize (New York)

First, what is a "judgment creditor"? A judgment creditor is the person or company that sued you and obtained a money judgment against you. If you've reached this website, your judgment ...
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The Langel Firm Secures Dismissal of CACH, LLC Case due to Affidavit Defect

Represented by Daniels Norelli Scully & Cecere, P.C. , debt-buyer, CACH, LLC, sued our client for an alleged Bank of America (FIA) credit-card debt. Although the amount at issue was small, the ...
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The Langel Firm Swiftly Causes Release of Bank Account and Convinces Colorado Capital Investments, Inc. and Daniels Norelli to Discontinue the Case

A bank-account seizure would cripple anybody. Most consumers live out of their personal checking account. A debt-collection lawyer in possession of a judgment against you can easily find where you ...
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May a Judgment Creditor Force you to Use Credit Cards to Pay Off a Judgment?

This was the issue presented Carbo Industries, Inc. v. Alcus Fuel Oil, Inc. [1] decided November 13, 2014. The answer is no. Credit is not assignable or transferable under CPLR § 5201. ...
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What Debt Collector's can't Do

I stumbled upon this video after reviewing older blogs on this site. I like it because of its simplicity. The federal government continues to educate consumers and enforce laws against bad-apple debt ...
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New York Alert: Active Tax-Debt Settlement Scam

Friends, Be aware of an active tax-debt settlement scam targeting middle-class New York. The scammers pawn themselves off as tax-settlement professionals alerting you to— and offering to ...
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What is a "Notice to Judgment Debtor or Obligor"?

If you've received a letter with language similar or identical to the below, you are being put on notice that your money is at risk of being seized by a judgment creditor. To satisfy due process ...
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Do City Debt Regulations apply to Lawyers? Issue Heats up in New York

Debt collection attorneys push forward in their attempt to exclude attorneys from the reach of Local Law 15, a New York City regulation that governs debt collection activities (i.e. debt validation, ...
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Smart Way to Attack your Creditor's Default Judgment: The "Sum Certain" Element

Entering default judgments is big business in the court system. The vast majority of default judgments in credit-card lawsuits are entered by clerks without a judge's review. This mode of ...
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Creditors may not seize foreign bank accounts through U.S. branches

The New York Court of Appeals affirmed the state's "separate entity rule," a century-old law that prevents the seizure of foreign accounts through service of a restraining notice on a ...
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NYC regulation of process servers upheld despite constitutional challenges

Process servers will remain obligated to comply with Administrative City Code § 20, a New York City law that governs the licensing and behavioral conduct of process servers. This decision [1] ...
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Secondary Debt collectors Must Comply with Initial Notice Requirements, holds NY Federal Judge

An article [1] in Today's New York Law Journal discussed Tocco v. Real Time Resolutions [2] that decided an issue dividing the courts: whether subsequent debt collectors are obligated to comply ...
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Court broadened potential liability for debt collection activity

A loan servicer's disclosure of information to a company it hired to probe into a debtor's assets was deemed a "communication" under the Fair Debt Collection Practices Act. Two core ...
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Class Action brought against Forster & Garbus for citing creditor as "NCOP XI, LLC A/P/O Capital One."

A federal judge green-lighted a class action lawsuit that accused Forster & Garbus, LLP and NCOP XI, LLC of acting deceptively by citing a creditor's name as "NCOP XI, LLC A/P/O Capital ...
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United Recovery Systems, LP Loses Motion to Dismiss for Failure to Prove "Permissible Purpose" to Access Consumer's Credit Report

This case [1] highlights a debt collector's need to possess a "permissible purpose" before accessing and using a consumer's credit report for purposes of collecting a debt. A ...
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Court Refuses to Vacate Satisfied (paid) Judgment

This situation is relatively common: A debtor (person who owes money) is surprised by a frozen bank account due to a judgment previously entered; Debtor enters into settlement agreement to cause quick ...
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What is a 1099-C?

"What is a 1099-C?" is the question taxpayers will be asking as these forms arrive in their mailboxes this year. If you received one of these forms, you may be confused. "Why did I get ...
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Tips to Help Defend a Debt Collection Lawsuit

The Langel Firm is dedicated to representing consumers who are facing wage garnishments, bank restraints and debt collection lawsuits in New York. Judgment enforcement activity often pops ups years ...
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NYC Dept. of Consumer Affairs Issues Hundreds of Subpoenas to Combat "Sewer Service"

It is no secret that "sewer service" (the intentional failure to serve legal papers) has been a historic problem in New York City. To combat the problem, the New York City Council passed ...
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