Blog Posts in 2017

Medical-Debt Blog: Basic Hospital Classifications

It never hurts to understand your adversary. Medical debt relating to unplanned hospital visits can result in the financial dispute of your life. But as in any other collection cases, defenses exist! ...
Continue reading "Medical-Debt Blog: Basic Hospital Classifications" »

Collection Defense: Tips & Hacks #4 (Vacate Judgment, Debt buyers, Court Rules, Asset Recovery Solutions, LLC)

Inspired from our business facebook page, we delightfully offer some points and rules to use in your collection defense. The New York City Civil Court system has been dubbed, "the credit card ...
Continue reading "Collection Defense: Tips & Hacks #4 (Vacate Judgment, Debt buyers, Court Rules, Asset Recovery Solutions, LLC)" »

Vacating a Default Judgment in New York: Some Fine Points

Receive a wage garnishment? Bank account frozen? Bothered by a judgment? If you are not in the position to hire us, although we always like to hear from you, I want you to understand some points under ...
Continue reading "Vacating a Default Judgment in New York: Some Fine Points" »

Receive a letter by Asset Recovery Solutions? Demand Validation!

I am not a nitpicky FDCPA lawyer. But I am an aggressive collection-defense litigator who has no hesitation to retaliate under the FDCPA when my clients are left in the dark without basic information. ...
Continue reading "Receive a letter by Asset Recovery Solutions? Demand Validation!" »

New York Court Rules will Undoubtedly Impact Debt-Litigation Market, says Jesse Langel, Esq.

A recent blog post discussed recent regulations enacted by New York State, which impose pre-lawsuit requirements on debt collectors. Those regulations require initial disclosures that recite exempt ...
Continue reading "New York Court Rules will Undoubtedly Impact Debt-Litigation Market, says Jesse Langel, Esq." »

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 ...
Continue reading "Debt-Buyer Defense #6: The Complaint Lacks a Debt-Collection License Number" »

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 ...
Continue reading "Has the Debt Buyer Proven Ownership of your Particular Debt?" »

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 ...
Continue reading "The 5 Scenarios in which Collectors have Standing to Bring Collection Lawsuits" »

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 ...
Continue reading "New York State Regulations Governing Debt Collectors and Debt Buyers" »

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 ...
Continue reading "11 Questions to Raise in a Debt-Buyer Lawsuit (Authenticity of Electronic Reproductions)" »

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 ...
Continue reading "Can a Debt Buyer Authenticate (Admit into Evidence) an Original Creditor's Business Records?" »

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 ...
Continue reading "The Langel Firm Settled a $69,139 Judgment (Pinpoint Technologies) for $2,000" »

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 ...
Continue reading "Unifund CCR, LLC Case Dismissed for Not Seeking Default Quickly Enough" »

$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 ...
Continue reading "$36,000 Unifund Garnishment Stopped in its Tracks; Case Discontinued" »

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 ...
Continue reading "Debt Defense: Tips & Hacks 3 (Exempt Income Protection Act)" »

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 ...
Continue reading "Debt Defense: Tips & Hacks 2 (Frozen Bank Accounts)" »

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 ...
Continue reading "Debt Defense: Tips & Hacks 1" »

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 ...
Continue reading "Vacating a Judgment Based on Bad Service? Bring This to Court!" »
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.