Recent Posts in Credit-Card Debt Category

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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 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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Upon Seizure of Bank Account, Often Times Quick Settlement is the Best Solution

Each case must be considered under its facts and circumstances. Although our Recent Victories reflect many of our outright dismissals, it is important to know that settlement — especially in the ...
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$36K Unifund CCR Judgment and lawsuit Wiped Out for Bad Service

Fair is fair. And if a consumer is clearly not notified of a court case, why should that consumer be forced to turn over hard-earned wages toward a $36,158 garnishment? Why should that consumer even ...
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Unifund CCR Case Dismissed for Failure to Timely Serve Summons

Related to the issue in our last blog post, we caused the dismissal of a $14,000 case on the grounds that the plaintiff, Unifund, CCR, LLC, waited too long to properly serve our client. Almost a year ...
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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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Co-Signers Beware: Judgment May Be Entered Against You Even if You're Not Served

A co-signer, or co-borrower, is usually a "joint obligor," which means that both borrowers have equal responsibility to repay the full amount of the loan. The lender can pursue legal ...
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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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Deferred Interest Credit Card Offers.... Free Credit or Debt Time Bombs?

Imagine you are in the market for a new surround sound system. You take a trip to Best Buy and find the ideal surround sound system which will allow you to enjoy your music and movies in crisp, ...
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Consumers Beware! Scam Alert (Debt Consolidation, Payday Loans & Auto Title Loans)

When you fall on hard times and your bills pile up, you may become desperate to find some financial breathing room. Capitalizing on the vulnerable consumer buried in debt, there is no shortage of ...
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Wife not Allowed to "Stand In" for Husband at Traverse Hearing Using Power of Attorney in Lawsuit Brought by Pinpoint Technologies, LLC

A New York appellate court reversed a trial court's decision to let a consumer-defendant's spouse, under a power of attorney, to "stand in" for him for purposes of conducting a ...
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Is a Garnishment Considered a Legal Action Against The Debtor or The Garnishee for Purposes of FDCPA Liability?

The Fair Debt Collection Practices Act (FDCPA) restricts the location ("venue") where a debtor may be sued for a debt: Legal actions by debt collectors FDCPA § 1692i (a) Any debt ...
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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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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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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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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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