Recent Posts in Collection Abuse Category

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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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Consent Order May Provide Relief for Chase Bank Debt

In 2015, Chase bank entered into a consent order in response to accusations from 47 Attorney Generals that Chase had committed several acts of systematic wrong-doing in its attempt to collect and sell ...
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5 Ways the C.A.R.D. Act is Helping Consumers of Credit

On May 22, 2009, President Barack Obama signed the Credit Card Accountability, Responsibility and Disclosure Act into law. Since then, consumers have saved over 12 billion dollars, below are five ways ...
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What is a Confession of Judgment?

A potent tool for plaintiffs, including creditors, is a confession of judgment. Generally, a valid confession of judgment allows a party to skip almost all legal procedure and secure a judgment ...
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Most Frequent Debt Collection Complaints of 2015

The Consumer Finance Protection Bureau has released its 2015 report to Congress. The report categorizes consumer complaints, with regard to debt collection, into six classifications. The report also ...
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Top Ten Consumer Frauds of 2015

The NY Attorney General published a press release listing the following top ten consumer frauds: Internet scams (i.e. privacy; consumer frauds) Automobile (i.e. buying; rental) Consumer-related ...
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Equable Ascent Financial Case Study: Examine the Specifics of the Debt

Our client received a Notice of Garnishment by Marshal Henry Daly in the amount of $4,105. We quickly intervened by pointing to alleged defects in the underlying debt, and alleged defects in the ...
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Protective Order against Judgment Enforcement: New York

Judgment debtors may turn to CPLR § 5240 to seek relief against the harsh effects of aggressive judgment enforcement. Located in a "centralized location" in Article 52, CPLR § 5240 ...
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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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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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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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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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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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Midland Funding, LLC Not Permitted to Violate Usury Laws Under National Bank Act

Usury is defined as an illegally high rate of interest. In New York, the civil usury rate is 16% [1] and the criminal usury rate is 25% [2] . Banks get around state usury laws through the National ...
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Debt Collector Sue you in the Wrong County? Your Statute of Limitations to Retaliate.

Consumers generally have one year in which to sue a debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Courts are generally strict in enforcing the one-year time limitation ...
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Military Personnel Given Extra Protection Against Default Judgments

If you've served our country at any time and find yourself of the wrong end on a frozen bank account, wage garnishment, or debt lawsuit, you should investigate your rights aimed at seeking extra ...
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Bank Account Frozen? How to Get Access to Exempt Money

Under New York law, certain funds are exempt from attachment by most creditors. [1] In general, exemptions apply to 90% of your income earned within the last 60 days, state and federal benefits, ...
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LVNV Funding, LLC and Resurgent Capital Sued for Misidentifying Actual Owner of Debt and Improperly Shifting Court Costs to Consumers

Many original creditors write off bad debts and sell them to third party debt collectors who use aggressive, and sometimes unlawful, practices to collect those debts in violation of the Fair Debt ...
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Identity Theft and Debt Collection Remain Highest Source of Consumer Complaints

The Federal Trade Commission reported the top consumer complaints as Identity theft and with debt collection a close second. You can see that report here. The Consumer Financial Bureau Annual Report ...
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Asset Acceptance Found Liable under FDCPA for Improperly Collecting Pre-judgment Interest

A hot issue in debt-collection litigation is whether debt buyers can charge pre-judgment interest. The answer depends upon the facts of your case, but it seems difficult for debt buyers to argue that ...
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