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Blog Posts in March, 2010

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  • Pointers on attacking assigned judgments.
    Pointers on attacking assigned judgments.

    Here's a bulleted list of helpful challenges to your debt buyer's judgment: Verify a proper acknowledgment in the form required to entitle the recordation of a deed (CPLR §5019(c); Real Properly Law ...

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  • Consumer's claims fail against Forster & Garbus, Esqs.
    Consumer's claims fail against Forster & Garbus, Esqs.

    Long Island debt collection firm, Forster & Garbus, finds itself in the hot seat again in Federal court facing claims of Fair Debt Collection Practices Act (FDCPA) violations. Unfortunately, the ...

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  • FDCPA Violation where Lawyer Duns and Sues with Limited Information on Debt
    FDCPA Violation where Lawyer Duns and Sues with Limited Information on Debt

    Collection firm Cohen & Slamowitz was found to have violated the Fair Debt Collection Practices Act for signing off on mass-produced complaints without having undertook reasonable measures to verify ...

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  • Eltman, Eltman, & Cooper, P.C. sanctioned for frivolous collection conduct
    Eltman, Eltman, & Cooper, P.C. sanctioned for frivolous collection conduct

    A Manhattan law firm committed a "veritable perfect storm of mistakes, errors, misdeeds, and improper litigation practices" in trying to collect a debt from a Long Island woman. Elman, Eltman, and ...

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  • New York's Statute of Limitations for Debt Buyers (the "borrowing Statute")
    New York's Statute of Limitations for Debt Buyers (the "borrowing Statute")

    Applying the Statute of Limitations in Consumer-Debt Cases The O utside Counsel column in today's Law Journal was entitled, "Borrowed Time: Applying the Statute of Limitations in Consumer Debt Cases." ...

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  • Court does not honor sister money judgment; lack of evidence exposed
    Court does not honor sister money judgment; lack of evidence exposed

    Interesting. A Kings City Court judge refused to confirm a California judgment in the context of a summary judgment motion. Under CPLR §§4540 and 3212, the court found that Defendant's sworn denial of ...

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