Recent Posts in Frozen bank accounts Category

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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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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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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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Creditors' Burden of Proof in Student Loan Cases

To file a lawsuit, the Plaintiff is required to have standing. In order to satisfy the standing requirement: The plaintiff must have suffered an injury; Caused by defendant's actions; With a ...
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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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Protective Order Denied in Case Involving a Fraudulent Conveyance

The case [1] appeared in the New York Law Journal three days ago. It's wildly fascinating as it touches on various aspects of judgment enforcement. An individual judgment debtor moved for a ...
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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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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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Time Limit to Vacate Your Default Judgment: New York

Building upon yesterday's blog post " Need to Vacate a Default Judgment ?" this post discusses the time limits to do so. In short, when making your motion to vacate the judgment, you ...
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Collector Induce you to Settle to Stop Legal Action... but Judgment Entered Anyway?

This situation is common. You agree to settle a collection lawsuit in exchange for a promise to stop the case. You pay as agreed, but then find yourself on the wrong end of a default judgment. The ...
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How Creditors "levy" (take) your Property: New York

The verb " to levy" means "to take or seize property in execution of a judgment." Used in a sentence: "The judgment creditor may levy on the debtor's assets." A levy ...
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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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CACH, LLC unable to Pin Liability on Individual for Business Credit Card

We usually see CACH, LLC suing on delinquent consumer debts. But this Colorado debt buyer also sues on defaulted business accounts. But in order to hold an individual liable for a corporate ...
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A Potent Judgment-Enforcement Tool: Installment Payment Order

The vast majority of our clients are facing income executions (wage garnishments) or frozen bank accounts. The reason is likely because they're easy to carry out and effective, especially in ...
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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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Joint Bank Account Frozen? Creditor Needs a "Turnover Order" to Get Access

Many of our clients contact us after one of the following debt collectors has frozen their bank accounts. Here's a blog entry as to how it happened. But what are your rights when your bank account ...
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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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Consumer Credit Protection Act: The Langel Firm, Private Enforcer

Now's a good time for a bird's eye view of the Consumer Credit Protection Act, enacted in 1968, which contains a "package" of federal Acts that operate to protect consumers in the ...
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Debt Buyers using Confusing Names is a Hot Issue for The Langel Firm

We were busy in February 2015. Debt Buyers Using Confusing Names in Litigation We sued several creditors for continuing to use confusing names in court cases. We use recent precedent in Lee v. Forster ...
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What Happens to Judgment Enforcement upon Death?

Statutes relating to enforcement of money judgments require careful reading and analysis. Judges often disagree about application of some statutes, in part due to confusing wording. But the below ...
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What is a Judgment Lien?

A judgment lien is created after the entry of a judgment. If you've been sued and lost the case by default (you didn't formally respond) or you lost on the merits, you are the judgment debtor. ...
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