Recent Posts in Judgment defense Category

65 results found. Viewing page 1 of 3. Go to page 1 2 3   Next

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" »

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!" »

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 ...
Continue reading "Consent Order May Provide Relief for Chase Bank Debt" »

Carefully Drafted Motions Provide Leverage when Disputing Wage Garnishments

A client contacted us after she received a wage garnishment stemming from a judgment that had been obtained against her by LVNV Funding. The judgment was obtained in 2007 for about $6,000 and had rose ...
Continue reading "Carefully Drafted Motions Provide Leverage when Disputing Wage Garnishments" »

Served Improperly with a Summons and Complaint? Move to Dismiss within 60 Days!

New York law is strict when it comes to preserving — and acting upon — a defense grounded on improper service. In a nutshell, and subject to other rules (which I invite you to contact me ...
Continue reading "Served Improperly with a Summons and Complaint? Move to Dismiss within 60 Days!" »

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 ...
Continue reading "5 Ways the C.A.R.D. Act is Helping Consumers of Credit" »

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 ...
Continue reading "What is a Confession of Judgment?" »

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 ...
Continue reading "Most Frequent Debt Collection Complaints of 2015" »

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 ...
Continue reading "Protective Order Denied in Case Involving a Fraudulent Conveyance" »

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 ...
Continue reading "Co-Signers Beware: Judgment May Be Entered Against You Even if You're Not Served" »

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 ...
Continue reading "Top Ten Consumer Frauds of 2015" »

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 ...
Continue reading "Wife not Allowed to "Stand In" for Husband at Traverse Hearing Using Power of Attorney in Lawsuit Brought by Pinpoint Technologies, LLC" »

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 ...
Continue reading "Is a Garnishment Considered a Legal Action Against The Debtor or The Garnishee for Purposes of FDCPA Liability?" »

Which Creditor has Priority to Take Your Personal Property? New York Law Simplified.

Which creditor gets first crack at your personal property? The answer to that is the scope of this blog post. In our practice, most of our work involves defending against wage garnishments and bank ...
Continue reading "Which Creditor has Priority to Take Your Personal Property? New York Law Simplified." »

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 ...
Continue reading "Protective Order against Judgment Enforcement: New York" »

New York Law: Levy on Real Property When Judgment Over 10 Years Old

We are getting close to completing our CPLR Article 52 summary series relating to enforcement of money judgments in New York. It is important to know that once an unsecured creditor (i.e. credit card ...
Continue reading "New York Law: Levy on Real Property When Judgment Over 10 Years Old" »

New York "Sewer Service" and "Robo-signing" Case Finally Settles

The Sykes v. Mel Harris class action finally ends with the parties coming to a settlement. The story was on the front page of today's New York Law Journal. We've been reporting on this case ...
Continue reading "New York "Sewer Service" and "Robo-signing" Case Finally Settles" »

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 ...
Continue reading "Collector Induce you to Settle to Stop Legal Action... but Judgment Entered Anyway?" »

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 ...
Continue reading "Unifund CCR, LLC Unable to Prove Ownership of Consumer Debt; Case Dismissed" »

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 ...
Continue reading "Consumer Given Another Chance to Challenge Pinpoint Technologies' Affidavit of Service" »

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 ...
Continue reading "The Langel Firm Overturns $38K Garnishment by LR Credit 4, LLC" »

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 ...
Continue reading "The Langel Firm Wipes Out $30K Garnishment by Great Seneca Financial" »

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 ...
Continue reading "Chase to Pay $166 Million to Settle Claims of Illegal Collection Practices" »

Your Judgment Creditor's Rights Against Those who Owe You Money

The Langel Firm represents consumers against lawsuits, wage garnishments, and bank seizures usually involving one of these debt collectors. We've embarked on a recent project to summarize each ...
Continue reading "Your Judgment Creditor's Rights Against Those who Owe You Money" »
65 results found. Viewing page 1 of 3. Go to page 1 2 3   Next
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.