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Blog Posts in January, 2012

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  • The United States Supreme Court examines the Telephone Consumer Protection Act (TCPA) and holds that consumers bothered by intrusive telemarketing calls can bring cases in federal district courts, in addition to state courts.
    The United States Supreme Court examines the Telephone Consumer Protection Act (TCPA) and holds that consumers bothered by intrusive telemarketing calls can bring cases in federal district courts, in addition to state courts.

    The case discussed in this blog entry represents a big win for consumers because it leaves open the option of suing harassing telemarketers in federal courts. So many federal district courts and ...

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  • Case Dismissed for Process Server's Failure to Produce Records at Traverse Hearing
    Case Dismissed for Process Server's Failure to Produce Records at Traverse Hearing

    In a recent decision titled U.S. Bank Nat. Assoc. v. Murillo , the Supreme Court, Nassau County, dismissed a foreclosure action for lack of jurisdiction because, at a traverse hearing, the process ...

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  • The Langel Firm stops wage garnishment and causes dismissal of collection action brought by MRC Receivables Corp. and Cohen & Slamowitz, LLP
    The Langel Firm stops wage garnishment and causes dismissal of collection action brought by MRC Receivables Corp. and Cohen & Slamowitz, LLP

    As is demonstrated over and over again, a creditor's money/default judgment is as good as the validity of service (delivery to defendant-debtor) of the underlying court papers (summons and complaint). ...

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  • Vacating a Default Judgment in New York - Another Potential Tool
    Vacating a Default Judgment in New York - Another Potential Tool

    Under CPLR § 3215(a), if the defendant has not appeared, the clerk may enter a default judgment if the claim is for money and the amount is for a sum certain. A recent case, Stephen B. Gleich & ...

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  • When a spouse passes away - New York courts tell Palisades Collection and American Express surviving spouses are not liable for deceased spouse's credit card debt unless companies prove surviving spouse explicitly agreed to pay
    When a spouse passes away - New York courts tell Palisades Collection and American Express surviving spouses are not liable for deceased spouse's credit card debt unless companies prove surviving spouse explicitly agreed to pay

    Can you be held liable for your wife's or husband's individual credit card debts if he or she passes away? The answer is dependent upon applicable laws in each individual state. Here, we will address ...

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  • In New York City, does a debt collector violate the FDCPA for not acquiring its debt collector license before suing you?
    In New York City, does a debt collector violate the FDCPA for not acquiring its debt collector license before suing you?

    So you are sued for a credit card debt by a company you've never heard of. For example, you are sued by Worldwide Asset Purchasing, LLC or Pride Acquisitions, LLC. In New York City, all debt ...

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