Blog Posts in 2017

Debt-Buyer Defense #6: The Complaint Lacks a Debt-Collection License Number

The below-cited law, CPLR § 3015(e), is a potent defense that subjects a debt-buyer lawsuit to dismissal for failing to place its debt-collection-license number in its complaint. The state law ...
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Has the Debt Buyer Proven Ownership of your Particular Debt?

In debt-collection lawsuits, a debt buyer must prove that it has been assigned your particular account. [1] Notice from an assignor (original bank) to the consumer, while important, does not represent ...
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The 5 Scenarios in which Collectors have Standing to Bring Collection Lawsuits

We operate heavily in the debt-buyer litigation market. Standing (ability to show connection to an injury) is always a core defense since the debt buyers' Achilles heels are the admissibility of ...
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New York State Regulations Governing Debt Collectors and Debt Buyers

Below are the complete debt-buyer regulations promulgated in 2015. Also below are "frequently asked questions" taken from the Department of Financial Services' website. Important to note ...
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11 Questions to Raise in a Debt-Buyer Lawsuit (Authenticity of Electronic Reproductions)

Our last blog ( Can a Debt Buyer Authenticate a Creditor's Business Records? ) addressed the general rule that debt buyers usually lack the personal knowledge to "lay a foundation" to ...
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Can a Debt Buyer Authenticate (Admit into Evidence) an Original Creditor's Business Records?

The General Rule Do you have a case where a debt buyer [1] is using an affidavit signed by its own employee to introduce account statements of the original bank? That is generally not allowed because ...
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The Langel Firm Settled a $69,139 Judgment (Pinpoint Technologies) for $2,000

Our client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...
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Unifund CCR, LLC Case Dismissed for Not Seeking Default Quickly Enough

We have been seeing an interesting trend lately: debt buyers, without legal justification, moving for entry of a default judgment after the legal deadline. That deadline is one year after a consumer ...
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$36,000 Unifund Garnishment Stopped in its Tracks; Case Discontinued

As always, time is of the essence when facing an income execution (garnishment). We needed to respond quickly to the final stages of a garnishment executed by Marshal Ronald Moses. In the underlying ...
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Debt Defense: Tips & Hacks 3 (Exempt Income Protection Act)

Last week included a lot of exemption-claim work. We are testing the limits of New York's "bad faith" clause under CPLR § 5222-a(g) [1] to hold accountable a judgment creditor, its ...
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Debt Defense: Tips & Hacks 2 (Frozen Bank Accounts)

Exemption law has been at the forefront of this week's Facebook posts. New York's Exempt Income Protection Act, which went into effect on January 1, 2009, established procedures for releasing ...
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Debt Defense: Tips & Hacks 1

Our "Debt Defense: Tips & Hacks" series was inspired by our Facebook page that we're delighted to see obtain increased viewership. Our goal is to provide quick, useable, and current ...
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Vacating a Judgment Based on Bad Service? Bring This to Court!

Improper service of the summons and complaint often is your primary weapon to seek relief against a judgment. Here's a blog post discussing the basic law involved in that process. Establishing ...
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