Blog Posts in August, 2017

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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