Blog Posts in December, 2014

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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