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Blog Posts in February, 2012

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  • Palisades Collection, LLC failed to prove that it owned credit card debt
    Palisades Collection, LLC failed to prove that it owned credit card debt

    A debt buyer plaintiff may face substantial problems in submitting its evidence in admissible form, as debt buyer Palisades Collection, LLC found in the case Palisades v. Kedik . [1] In Kedik , ...

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  • 10 Reasons why CACH, LLC was unable to prove its credit-card lawsuit
    10 Reasons why CACH, LLC was unable to prove its credit-card lawsuit

    In CACH, LLC v. Fatima , [1] Judge Michael A. Ciaffa found ten fatal defects in CACH, LLC's case against a consumer. Debt buyer, CACH, LLC , represented by Daniels Norelli Scully & Cecere, P.C. , sued ...

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  • Midland Funding, LLC and Pressler & Pressler, LLP ignored procedure to oppose debtor's claim of exempt money in his frozen bank account; Bank account restraint vacated.
    Midland Funding, LLC and Pressler & Pressler, LLP ignored procedure to oppose debtor's claim of exempt money in his frozen bank account; Bank account restraint vacated.

    The lessons of this case: In opposition to your lawful claim of exemption to a bank seizure, a judgment creditor must: Serve you with its opposition papers at the current address listed on your claim ...

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  • Preparing to sue a debt collector? Expect that you need to prove consumer nature of debt. New York district court's relaxed standard compared to Virginia appeals court's heightened standard.
    Preparing to sue a debt collector? Expect that you need to prove consumer nature of debt. New York district court's relaxed standard compared to Virginia appeals court's heightened standard.

    The Fair Debt Collection Practices Act ("FDCPA") is a powerful tool against debt collectors who treat you unfairly. This federal act is one of "strict liability," which means that any debt collector ...

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  • Court's decision addresses bank restraints when debtor's account is maintained outside New York state
    Court's decision addresses bank restraints when debtor's account is maintained outside New York state

    May a creditor with a New York default judgment obtain a bank restraint by directing the restraining notice to a local branch of a bank, when the alleged debtor's account is maintained at a branch ...

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  • If your incorporated business defaults on a credit card, can you be held personally liable?
    If your incorporated business defaults on a credit card, can you be held personally liable?

    If your incorporated business defaults on a credit card, can you be held personally liable? A recent New York County Supreme Court decision says the answer is yes, when the credit card agreement ...

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