Blog Posts in 2015

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Sale of Real Property through Sheriff Levy: New York

New York CPLR § 5236 governs the sale of real property "on an execution" (through court order). Since real estate is often the most valuable asset possessed by a judgment debtor, this ...
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New York Law: Levy on Real Property When Judgment Over 10 Years Old

We are getting close to completing our CPLR Article 52 summary series relating to enforcement of money judgments in New York. It is important to know that once an unsecured creditor (i.e. credit card ...
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The Langel Firm Swiftly Resolves Cases against United Guaranty Commercial Insurance of North Carolina

Since our initial introduction to United Guaranty Commercial Insurance of North Carolina in this case, we've been retained by more consumers needing help against this student loan insurer suing in ...
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New York "Sewer Service" and "Robo-signing" Case Finally Settles

The Sykes v. Mel Harris class action finally ends with the parties coming to a settlement. The story was on the front page of today's New York Law Journal. We've been reporting on this case ...
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Midland Funding Seeks U.S. Supreme Court Ruling Over Usury Issue

You may remember in Madden v. Midland Funding, LLC, the United States Court of Appeals ruled that Midland Funding, LLC a non-bank debt buyer, was unable to charge the same usurious rates of interest ...
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Class Action against Unifund CCR Partners Moves Forward

In Young v. Unifund CCR Partners, the consumer plaintiffs defeated Unifund's motion to dismiss by convincing a court that Unifund's arguable inability to prove custody of a debt as required ...
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Adding Inflated Debt Amounts to Credit Reports Violates the FDCPA, Holds Court

We often see collection lawyers sending demand letters for a debt that includes court-filing costs. That's problematic because New York law is clear in that certain costs are awarded only after ...
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Class Action Proceeds Against Fein, Such & Crane, LLP

A class action was started against a law firm, Fein, Such & Crane, LLP, for allegedly charging fees not authorized by agreement or law. The fees at issue were litigation costs connected to ...
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Collector Induce you to Settle to Stop Legal Action... but Judgment Entered Anyway?

This situation is common. You agree to settle a collection lawsuit in exchange for a promise to stop the case. You pay as agreed, but then find yourself on the wrong end of a default judgment. The ...
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Debt-Collector Traps: Re-aging Debts on Credit Reports

Debt collectors (includes debt buyers) often furnish information to the credit bureaus. Below are two re-aging tactics to watch out for. Re-aging is when the collector misrepresents the time you ...
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Debt Buyer's Lack of Evidence to Prove Case Not an FDCPA Violation

While the Fair Debt Collection Practices Act (FDCPA) generally applies to attorney statements in litigation documents, a federal court in Richardson v. Midland Funding, LLC, [1] held that the FDCPA is ...
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The Langel Firm Wipes Out $16K Judgment by RAB Performance Recoveries

Another 2009 debt-buyer judgment emerges to garnish our client's wages. In this case, the debt buyer was RAB Performance Recoveries represented by Malen & Associates, P.C. A City Marshal ...
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CFPB Stiffly Penalizes Midland Funding and Portfolio Recovery Associates for Collection Defects

The Consumer Financial Protection Bureau ("CFPB"), the federal government's consumer-protection muscle levied stiff penalties against Encore Capital Group (the parent to Midland Funding, ...
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How Creditors "levy" (take) your Property: New York

The verb " to levy" means "to take or seize property in execution of a judgment." Used in a sentence: "The judgment creditor may levy on the debtor's assets." A levy ...
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Receive a Notice of Garnishment? Here's a Summary of the Law

You have likely reached this blog after having received a Notice of Garnishment from a Marshal (i.e., Marshal Bienstock, Daly, Moses, or Biegel ) or Sheriff threatening a wage garnishment. This post ...
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Jesse Langel Returns from Intensive Mock Trials

I was impressed with the quality of NITA's six-day mock trial program that took place from August 10, 2015 to August 15, 2015. It was demanding and exhausting, but worth every second. See my blog ...
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Debt Buyers Changing Attorneys: Do I get Notified?

Debt-collection judgments often switch hands between debt buyers. But less realized is the fairly common practice of attorneys substituting each other as well. The law requires that you get notified ...
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Unifund CCR, LLC Unable to Prove Ownership of Consumer Debt; Case Dismissed

In today's New York Law Journal appeared the decision in Unifund CCR, LLC v. Chan. [1] This case emphasized the major legal hurdle plaguing debt buyers: hearsay. Hearsay is broadly defined as ...
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Consumer Given Another Chance to Challenge Pinpoint Technologies' Affidavit of Service

Often times, consumers have to unwind their case after they've defaulted (did not appear in court). Bad service of initial papers often leads to lack of awareness, which then leads to a default ...
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Using Receivership to Aid Enforcement of A Money Judgment

Generally, receivership is the situation in which an institution or business enterprise is being held by a "receiver," a person appointed with custodial power to manage or distribute assets. ...
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Account Numbers on Envelopes Doesn't Violate FDCPA, Holds Two Federal Judges

Although the Fair Debt Collection Practices Act (FDCPA) is broadly applied, visible account numbers through envelope windows do not violate the law, holds two federal judges. The twin rulings appeared ...
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The Langel Firm Overturns $38K Garnishment by LR Credit 4, LLC

Facing a $38,458 garnishment by Marshal Gregg E. Bienstock, our client felt as if he ran out of options. He even paid a couple thousand dollars toward the garnishment. But after exploring his rights ...
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The Langel Firm Wipes Out $30K Garnishment by Great Seneca Financial

Facing a $30,433 Garnishment Notice by Great Seneca Financial Corporation, we quickly filed court papers to attack the validity of the judgment and the validity of the plaintiff. In the action, Great ...
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Chase to Pay $166 Million to Settle Claims of Illegal Collection Practices

We defend collection lawsuits daily. We sue collectors and lawyers for violations of the Fair Debt Collection Practices Act. But even I'm surprised that JP Morgan Chase is ensnared in this case ...
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City Debt-Collection Laws Apply to Attorneys and Law Firms Performing Non-Legal Work

This blog entry answers the question left open in our last blog, " Do City Debt Regulation Apply to Lawyers. Issue Heats up in New York." New York's highest court, the Court of Appeals, ...
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