Recent Posts in Wage Garnishment/Income Execution Category

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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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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 ...
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Methods of Service of Legal Papers on a Person: New York

In order to properly commence a lawsuit, the plaintiff must serve a Summons and Complaint or a Summons with Notice upon the defendant. Proper service under CPLR 308 can be effectuated in a few ...
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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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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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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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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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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 ...
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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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Receive a Notice of Garnishment? Here's a Summary of the Law

You have likely reached this blog after having received a Notice of Garnishment from a Marshal (i.e., Marshal Bienstock, Daly, Moses, or Biegel ) or Sheriff threatening a wage garnishment. This post ...
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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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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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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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New York Law Protects Employers for Honoring Wage Garnishments

You may be aggravated (understandably) because your employer turned over part of your hard-earned income to pay a judgment creditor. Perhaps you did not get proper notice of the garnishment to prevent ...
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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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Judgment Creditor versus Transferee: Who Has Rights to the Money/Property?

This blog entry is part of a series that simplifies each section of New York CPLR Article 52, "Enforcement of Money Judgments." There are 53 sections in Article 52. This entry is the 2 nd of ...
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Lack of Substitution of Counsel & Retention of Money in Violation of Court Order Found not Violative of FDCPA, Holds New York Federal Court

New York State defense litigation collides again with the Fair Debt Collection Practices Act ("FDCPA"), this time producing a fairly harsh result to the consumer. This office represents ...
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Debt Buyer, LR Credit 14, LLC and Mel Harris Case Dismissed for Failing to Substitute New Counsel

How do you resolve a judgment when the attorneys of record simply claim to no longer represent the plaintiff? Very frequently, our office encounters this problem. The usual response: "this office ...
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New York Gets a "B" Grade from NCLC in its New Report on State Exemption Laws

All states have at least some exemption laws, which are laws that exempt certain amounts of a debtor's money or personal property from collection by a creditor. These laws are designed to prevent ...
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Retirement Funds Are Exempt from Bank Restraints in New York

Are you a New York resident who maintains a bank account that consists of retirement or pension funds? If so, you should be aware that those retirement funds are beyond the reach of creditors ...
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