New York City Debt Collection Defense Attorneys
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

      Read More
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

      Read More
    • 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 ...

      Read More
    • 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 ...

      Read More
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

      Read More
    • 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 ...

      Read More
    • 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 ...

      Read More
    • Debtor Sues Arrow Financial Services, LLC for Furnishing Negative Marks to Credit Bureaus without First Validating a Disputed Debt

      In Purnell v. Arrow Financial Services, LLC (6 th Cir. 2008), Illinois-based debt buyer, Arrow Financial Services, was sued for continuing to furnish a disputed collection account to the credit ...

      Read More
    • Intro to Taxation of Art Galleries with Top 13 Audit Pitfalls

      The business of art is fertile grounds for the tax professional. Depending on the unique facts, a piece of art can never sell—or sell for millions of dollars. It can change hands once—or multiple ...

      Read More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...

      Read More
    • Asset Acceptance Found Liable under FDCPA for Improperly Collecting Pre-judgment Interest

      A hot issue in debt-collection litigation is whether debt buyers can charge pre-judgment interest . The answer depends upon the facts of your case, but it seems difficult for debt buyers to argue that ...

      Read More
    • Asset Acceptance Case Reversed on Appeal; Admissible Evidence of Credit Card Debt Not Submitted with its Summary Judgment Motion

      Debt-buyer, Asset Acceptance, LLC , failed to "carry its evidentiary burden" to win a summary judgment motion involving an alleged Citibank credit card debt. A summary judgment motion is a written ...

      Read More
    • Collection Defense: Tips & Hacks #4 (Vacate Judgment, Debt buyers, Court Rules, Asset Recovery Solutions, LLC)

      Inspired from our business facebook page , we delightfully offer some points and rules to use in your collection defense. The New York City Civil Court system has been dubbed, "the credit card courts" ...

      Read More
    • Receive a letter by Asset Recovery Solutions? Demand Validation!

      I am not a nitpicky FDCPA lawyer. But I am an aggressive collection-defense litigator who has no hesitation to retaliate under the FDCPA when my clients are left in the dark without basic information. ...

      Read More
    • 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 ...

      Read More
    • Debt Buyer's Failure to Communicate Disputed Nature of Debt to its Collector found Actionable under the FDCPA; Class Action survives Motion to Dismiss

      In Plummer v. Atlantic Credit & Finance, Inc ., [1] the court upheld three general rules: Debt buyers are debt collectors. Buying and selling debts is considered debt collection activity covered under ...

      Read More
    • District Court Finds that Communications Directed to a Consumer's Attorney may be Actionable Under the FDCPA

      The Eastern District of Michigan denied a motion to dismiss brought by the attorneys for Atlantic Credit & Finance, Inc. in Misleh v. Timothy E. Baxter & Associates (E.D. Mich. 2011). The plaintiff ...

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    • Sample Tax Audit of an Attorney: Look at these burdensome Demands!

      This blog series focuses on tax audits of attorneys. Why? Because I'm an attorney, and am highly interested in how attorneys wind up in hot water with the IRS. Even though this series focuses on ...

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    • Attorneys: Beware of these Four Income Related Tax-Audit Triggers

      Attorneys practice their craft in a variety of ways. It’s their prerogative to charge clients and collect money as they see fit. They generally use the cash method of accounting, which means they ...

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    • 6 Common Tax Mistakes by Attorneys Relating to Expenses

      Below is a list of common tax mistakes by attorneys with respect to expense deductions. The blatant misuse of the below expenses could invite an unwanted tax audit. Claiming entertainment expenses ...

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    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

      Read More
    • CACH, LLC unable to Pin Liability on Individual for Business Credit Card

      We usually see CACH, LLC suing on delinquent consumer debts. But this Colorado debt buyer also sues on defaulted business accounts. But in order to hold an individual liable for a corporate ...

      Read More
    • The Langel Firm Secures Dismissal of CACH, LLC Case due to Affidavit Defect

      Represented by Daniels Norelli Scully & Cecere, P.C. , debt-buyer, CACH, LLC , sued our client for an alleged Bank of America (FIA) credit-card debt. Although the amount at issue was small, the stakes ...

      Read More
    • Intro to Taxation of Art Galleries with Top 13 Audit Pitfalls

      The business of art is fertile grounds for the tax professional. Depending on the unique facts, a piece of art can never sell—or sell for millions of dollars. It can change hands once—or multiple ...

      Read More
    • Employee v. Independent Contractor: The IRS’ 20-Factor Test Analyzed

      Employment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...

      Read More
    • Attorneys: Beware of these Four Income Related Tax-Audit Triggers

      Attorneys practice their craft in a variety of ways. It’s their prerogative to charge clients and collect money as they see fit. They generally use the cash method of accounting, which means they ...

      Read More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...

      Read More
    • CACH, LLC unable to Pin Liability on Individual for Business Credit Card

      We usually see CACH, LLC suing on delinquent consumer debts. But this Colorado debt buyer also sues on defaulted business accounts. But in order to hold an individual liable for a corporate ...

      Read More
    • 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 ...

      Read More
    • 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 ...

      Read More
    • CACV of Colorado, LLC Fails to Prove it Complied with Settlement Stipulation

      The Civil Court of Kings County granted a defendant consumer's application to vacate a default judgment entered against her by CACV of Colorado, LLC, and then declined to put the parties back on their ...

      Read More
    • Debt Defense: Tips & Hacks 3 (Exempt Income Protection Act)

      Last week included a lot of exemption-claim work. We are testing the limits of New York's "bad faith" clause under CPLR § 5222-a(g) [1] to hold accountable a judgment creditor, its lawyer, and Capital ...

      Read More
    • 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 ...

      Read More
    • 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 ...

      Read More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...

      Read More
    • Smart Way to Attack your Creditor's Default Judgment: The "Sum Certain" Element

      Entering default judgments is big business in the court system. The vast majority of default judgments in credit-card lawsuits are entered by clerks without a judge's review. This mode of ...

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    • $14,500 Cavalry Portfolio Judgment Vacated; Schachter Portnoy Acquiesces to Dismissal of its Debt Buyer Lawsuit

      Our client was sued at an address in a county where he had not resided for 17 years. Obsolete is an understatement. Consequently, he defaulted and needed to hire us to quickly stop a garnishment and ...

      Read More
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

      Read More
    • 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 ...

      Read More
    • 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 ...

      Read More
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

      Read More
    • 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 ...

      Read More
    • 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 ...

      Read More
    • Class Action Proceeds Against Fein, Such & Crane, LLP

      A class action was started against a law firm, Fein, Such & Crane, LLP, for allegedly charging fees not authorized by agreement or law. The fees at issue were litigation costs connected to settlements ...

      Read More
    • Account Numbers on Envelopes Doesn't Violate FDCPA, Holds Two Federal Judges

      Although the Fair Debt Collection Practices Act (FDCPA) is broadly applied, visible account numbers through envelope windows do not violate the law, holds two federal judges. The twin rulings appeared ...

      Read More
    • 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 ...

      Read More
    • 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 ...

      Read More
    • Midland Funding, LLC Summary Judgment Motion Denied as Inexcusably Late

      Facing a "Motion for Summary Judgment" by Midland Funding, LLC ? If so, Midland Funding, LLC is seeking a judgment against you while dispensing the need for a trial. The evidence against you is being ...

      Read More
    • Cohen & Slamowitz and Midland Funding Improperly Attempt to shift Burden to Judgment Debtor to Establish Exempt Income in Restrained Bank Account

      Suddenly your bank accounts are frozen. Your money in that account represents social security income, pension funds, unemployment checks, veteran benefits, worker's compensation, wages within last 60 ...

      Read More
    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...

      Read More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...

      Read More
    • Collection Defense: Tips & Hacks #4 (Vacate Judgment, Debt buyers, Court Rules, Asset Recovery Solutions, LLC)

      Inspired from our business facebook page , we delightfully offer some points and rules to use in your collection defense. The New York City Civil Court system has been dubbed, "the credit card courts" ...

      Read More
    • 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 ...

      Read More
    • 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 ...

      Read More
    • The Langel Firm Swiftly Causes Release of Bank Account and Convinces Colorado Capital Investments, Inc. and Daniels Norelli to Discontinue the Case

      A bank-account seizure would cripple anybody. Most consumers live out of their personal checking account. A debt-collection lawyer in possession of a judgment against you can easily find where you ...

      Read More
    • 5 Surprising Trends of Covid-19’s Impact on Consumer Credit and Debt Collection

      Pre-Pandemic 1) Before the pandemic, debt-collection-industry revenue has trended downward. Debt-collection-industry revenue has declined in recent years, decreasing from an estimated $13.5 billion in ...

      Read More
    • Credigy Receivables, Inc. Sues a Victim of Identity Theft, and Court Upholds Victim's Award of Attorneys' Fees for Frivolous Enforcement of Judgment

      The Langel Firm is a New York law firm practicing debt defense litigation. But we report on relevant cases all over the country. The case discussed below affirmed a North Carolina trial court's ...

      Read More
    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...

      Read More
    • Prioritize Consumer Debts Based on Risk. A Comprehensive Legal Guide

      Debts of Highest Priority Court Judgments : A judgment is a court order in favor of the creditor. Now as a “judgment creditor,” it can garnish your wages, freeze your bank accounts, and foreclose on ...

      Read More
    • 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 ...

      Read More
    • 5 Surprising Trends of Covid-19’s Impact on Consumer Credit and Debt Collection

      Pre-Pandemic 1) Before the pandemic, debt-collection-industry revenue has trended downward. Debt-collection-industry revenue has declined in recent years, decreasing from an estimated $13.5 billion in ...

      Read More
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

      Read More
    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...

      Read More
    • CACH, LLC unable to Pin Liability on Individual for Business Credit Card

      We usually see CACH, LLC suing on delinquent consumer debts. But this Colorado debt buyer also sues on defaulted business accounts. But in order to hold an individual liable for a corporate ...

      Read More
    • The Langel Firm Secures Dismissal of CACH, LLC Case due to Affidavit Defect

      Represented by Daniels Norelli Scully & Cecere, P.C. , debt-buyer, CACH, LLC , sued our client for an alleged Bank of America (FIA) credit-card debt. Although the amount at issue was small, the stakes ...

      Read More
    • The Langel Firm Swiftly Causes Release of Bank Account and Convinces Colorado Capital Investments, Inc. and Daniels Norelli to Discontinue the Case

      A bank-account seizure would cripple anybody. Most consumers live out of their personal checking account. A debt-collection lawyer in possession of a judgment against you can easily find where you ...

      Read More
    • 5 Surprising Trends of Covid-19’s Impact on Consumer Credit and Debt Collection

      Pre-Pandemic 1) Before the pandemic, debt-collection-industry revenue has trended downward. Debt-collection-industry revenue has declined in recent years, decreasing from an estimated $13.5 billion in ...

      Read More
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

      Read More
    • 5 Surprising Trends of Covid-19’s Impact on Consumer Credit and Debt Collection

      Pre-Pandemic 1) Before the pandemic, debt-collection-industry revenue has trended downward. Debt-collection-industry revenue has declined in recent years, decreasing from an estimated $13.5 billion in ...

      Read More
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

      Read More
    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...

      Read More
    • 5 Surprising Trends of Covid-19’s Impact on Consumer Credit and Debt Collection

      Pre-Pandemic 1) Before the pandemic, debt-collection-industry revenue has trended downward. Debt-collection-industry revenue has declined in recent years, decreasing from an estimated $13.5 billion in ...

      Read More
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

      Read More
    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...

      Read More
    • 5 Surprising Trends of Covid-19’s Impact on Consumer Credit and Debt Collection

      Pre-Pandemic 1) Before the pandemic, debt-collection-industry revenue has trended downward. Debt-collection-industry revenue has declined in recent years, decreasing from an estimated $13.5 billion in ...

      Read More
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

      Read More
    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...

      Read More
    • Can a Debt Collector Place a Lien on my Home? Yes, Here's How.

      Yes. Unsecured creditors who obtain judgments for unpaid debt can docket those judgments to record liens against real property. This is in addition to banks, which obtain mortgage liens consensually ...

      Read More
    • How much of my wages can be garnished? Summary of New York Law

      The Basic Rule 10% of your gross earnings will be deducted subject to a minimum wage analysis explained below. Gross earnings are defined as salary, wages, overtime earnings, commissions, income from ...

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    • Bonus Depreciation of Business Assets: 7 Hot Questions in 2021

      1) First of all, what is bonus depreciation? Designed to stimulate investment in business property (not land or buildings), the Internal Revenue Code, under the Tax Cuts and Jobs Act of 2017 (TCJA), ...

      Read More
    • Debt Buyers Changing Attorneys: Do I get Notified?

      Debt-collection judgments often switch hands between debt buyers. But less realized is the fairly common practice of attorneys substituting each other as well. The law requires that you get notified ...

      Read More
    • 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 ...

      Read More
    • FDCPA Class Action Against Erin Capital Management for Lack of Licensure

      The proposed class-plaintiffs in Collins v. Erin Capital Management, LLC [1] allege that Erin Capital violated the Fair Debt Collection Practices Act ("FDCPA") for suing Florida consumers – and ...

      Read More
    • Employee v. Independent Contractor: The IRS’ 20-Factor Test Analyzed

      Employment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...

      Read More
    • Employee v. Independent Contractor: The IRS’ 20-Factor Test Analyzed

      Employment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...

      Read More
    • Employee v. Independent Contractor: The IRS’ 20-Factor Test Analyzed

      Employment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...

      Read More
    • Who is Liable for Employment Taxes in Wake of Covid-19 Business Closures?

      Temporary Relief Followed by Potential Liability for Employment Taxes New York’s PAUSE Order aimed at mitigating the spread of COVID-19 unavoidably devastated business income. Because of that, NYS ...

      Read More
    • 5 Surprising Trends of Covid-19’s Impact on Consumer Credit and Debt Collection

      Pre-Pandemic 1) Before the pandemic, debt-collection-industry revenue has trended downward. Debt-collection-industry revenue has declined in recent years, decreasing from an estimated $13.5 billion in ...

      Read More
    • 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 ...

      Read More
    • 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 ...

      Read More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...

      Read More
    • FDCPA Class Action Against Erin Capital Management for Lack of Licensure

      The proposed class-plaintiffs in Collins v. Erin Capital Management, LLC [1] allege that Erin Capital violated the Fair Debt Collection Practices Act ("FDCPA") for suing Florida consumers – and ...

      Read More
    • Receive a letter by Asset Recovery Solutions? Demand Validation!

      I am not a nitpicky FDCPA lawyer. But I am an aggressive collection-defense litigator who has no hesitation to retaliate under the FDCPA when my clients are left in the dark without basic information. ...

      Read More
    • Debt Defense: Tips & Hacks 3 (Exempt Income Protection Act)

      Last week included a lot of exemption-claim work. We are testing the limits of New York's "bad faith" clause under CPLR § 5222-a(g) [1] to hold accountable a judgment creditor, its lawyer, and Capital ...

      Read More
    • Debt Defense: Tips & Hacks 2 (Frozen Bank Accounts)

      Exemption law has been at the forefront of this week's Facebook posts . New York's Exempt Income Protection Act, which went into effect on January 1, 2009, established procedures for releasing funds ...

      Read More
    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...

      Read More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...

      Read More
    • 4 Reasons to Vacate your Default Judgment Before Suing under the FDCPA

      Courts are in the business of reducing disputes to judgments— not revisiting issues already encompassed within judgments; Actually, that’s not entirely true. Our law practice—The Langel Firm—regularly ...

      Read More
    • The Langel Firm dismisses $31,578 credit card lawsuit by debt-buyer, First American Investment Company, LLC, for its failure to prove debt's chain of custody.

      This case illustrates the importance of scrutinizing your credit card debt chain of title. Generally, courts consider legal custody of the debt to be a threshold issue that must be resolved first ...

      Read More
    • Sued By National Collegiate Student Loan Trust? Some Basic Information

      What connection does this "trust" have to my student loan? These trusts are not lenders or guarantors. National Collegiate Student Loan Trust is a trust, or series of trusts, that contain private ...

      Read More
    • 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 ...

      Read More
    • Class Action brought against Forster & Garbus for citing creditor as "NCOP XI, LLC A/P/O Capital One."

      A federal judge green-lighted a class action lawsuit that accused Forster & Garbus, LLP and NCOP XI, LLC of acting deceptively by citing a creditor's name as "NCOP XI, LLC A/P/O Capital One." The Fair ...

      Read More
    • 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 protective ...

      Read More
    • The 5 Scenarios in which Collectors have Standing to Bring Collection Lawsuits

      We operate heavily in the debt-buyer litigation market. Standing (ability to show connection to an injury) is always a core defense since the debt buyers' Achilles heels are the admissibility of ...

      Read More
    • Debt Defense: Tips & Hacks 3 (Exempt Income Protection Act)

      Last week included a lot of exemption-claim work. We are testing the limits of New York's "bad faith" clause under CPLR § 5222-a(g) [1] to hold accountable a judgment creditor, its lawyer, and Capital ...

      Read More
    • Debt Defense: Tips & Hacks 2 (Frozen Bank Accounts)

      Exemption law has been at the forefront of this week's Facebook posts . New York's Exempt Income Protection Act, which went into effect on January 1, 2009, established procedures for releasing funds ...

      Read More
    • 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 ...

      Read More
    • Asset Acceptance Case Reversed on Appeal; Admissible Evidence of Credit Card Debt Not Submitted with its Summary Judgment Motion

      Debt-buyer, Asset Acceptance, LLC , failed to "carry its evidentiary burden" to win a summary judgment motion involving an alleged Citibank credit card debt. A summary judgment motion is a written ...

      Read More
    • The Langel Firm sues Fulton Friedman & Gullace for bringing an unfair and deceptive debt collection lawsuit

      M.N. v. Fulton, Friedman & Gullace, LLP , 12-cv-4710, (S.D.N.Y. 2012) Rochester-based Fulton Friedman & Gullace, LLP will now face a federal lawsuit in the Southern District of New York for what I ...

      Read More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...

      Read More
    • Debt Buyers Changing Attorneys: Do I get Notified?

      Debt-collection judgments often switch hands between debt buyers. But less realized is the fairly common practice of attorneys substituting each other as well. The law requires that you get notified ...

      Read More
    • 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 ...

      Read More
    • 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 consumers ...

      Read More
    • Failing to record assignment of judgment not violation of FDCPA, holds Federal Court

      In a recent case, Musah v Houslanger & Associates, PLLC , [1] the Federal District Court for the Southern District of New York ruled that an assignment of a judgment to a debt buyer was valid even ...

      Read More
    • Sample Tax Audit of an Attorney: Look at these burdensome Demands!

      This blog series focuses on tax audits of attorneys. Why? Because I'm an attorney, and am highly interested in how attorneys wind up in hot water with the IRS. Even though this series focuses on ...

      Read More
  • IRS
    • The Government can Compel Disgorgement of Tax Return Preparer's ill-gotten Gains, says Federal Appeals Court.

      The case referred to is U.S. v. Stinson , a federal appeals decision that affirmed the disgorgement (repayment) of $949,952.47 against a tax return preparer. Disgorgement, which compels wrongdoers to ...

      Read More
    • The National Taxpayer Advocate Points to Systemic Flaws within the IRS

      Despite the IRS' recent achievements, and its 5-year Strategic Plan to streamline operations, The National Taxpayer Advocate exposed some core weaknesses. The National Taxpayer Advocate (NTA) is an ...

      Read More
    • Despite Budget Restraints, The IRS is Committed to Improving Quality

      The IRS published its 5-Year Strategic Plan for years 2018 to 2022. Below are some of its strategic goals. Honoring the Taxpayer Bill of Rights; Encouraging more online interaction to increase ...

      Read More
    • 21 FAQ's about "Account Stated"| A Legal Guide in Debt Collection Law

      1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

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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 ...

      Read More
    • 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 ...

      Read More
    • 4 Reasons to Vacate your Default Judgment Before Suing under the FDCPA

      Courts are in the business of reducing disputes to judgments— not revisiting issues already encompassed within judgments; Actually, that’s not entirely true. Our law practice—The Langel Firm—regularly ...

      Read More
    • The Langel Firm Swiftly Causes Dismissal of $86,473.47 Bank Lawsuit

      Regions Bank sued our client in 2018 for a line of credit issued for $90,000.00. We attacked the bank's case on the grounds of bad "service" (improper notice). Our client supplied proof that he had ...

      Read More
    • Vacating a Default Judgment in New York: Some Fine Points

      Receive a wage garnishment? Bank account frozen? Bothered by a judgment? To vacate a default judgement, you'd use Sections 5015 and 317 of the New York Civil Practice Law and Rules (CPLR). I strongly ...

      Read More
    • The Langel Firm Sues Kavulich & Associates, P.C. for Taking Wrong Man's Money

      A collection attorney who mistakes a consumer's identity, sues him, and then takes his money through a bank levy could conceivably plead the bona fide error defense. (assuming quick, corrective action ...

      Read More
    • 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 ...

      Read More
    • 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 ...

      Read More
    • New York Federal Judge Strikes Down NYC Regulation of Collection Attorneys

      Amid an aggressive challenge by Lacy Katzen, LLP and Eric Berman, P.C., Eastern District Judge Eric Vitaliano has ruled that NYC's Local Law 15 (2009) trespasses on the state's oversight of the ...

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    • The Langel Firm dismisses $31,578 credit card lawsuit by debt-buyer, First American Investment Company, LLC, for its failure to prove debt's chain of custody.

      This case illustrates the importance of scrutinizing your credit card debt chain of title. Generally, courts consider legal custody of the debt to be a threshold issue that must be resolved first ...

      Read More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...

      Read More
    • The Langel Firm Settled a $69,139 Judgment (Pinpoint Technologies) for $2,000

      Our client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...

      Read More
    • Sykes v. Mel Harris: Notice of Proposed Class Action Settlement

      NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND FAIRNESS HEARING Sykes v. Mel S. Harris and Associates LLC , No. 09 Civ. 8486 ...

      Read More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...

      Read More
    • 4 Reasons to Vacate your Default Judgment Before Suing under the FDCPA

      Courts are in the business of reducing disputes to judgments— not revisiting issues already encompassed within judgments; Actually, that’s not entirely true. Our law practice—The Langel Firm—regularly ...

      Read More
    • 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 ...

      Read More
    • 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 ...

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    • The Langel Firm Wipes Out $16K Judgment by RAB Performance Recoveries

      Another 2009 debt-buyer judgment emerges to garnish our client's wages. In this case, the debt buyer was RAB Performance Recoveries represented by Malen & Associates, P.C . A City Marshal served our ...

      Read More
    • Bulk of FDCPA Class Action Claims against Mel S. Harris &Assoc. are Dismissed

      In the strictly applied, technical world of FDCPA ("Fair Debt Collection Practices Act") litigation, it's just as important to see why claims fail. The FDCPA is a federal Act that governs the conduct ...

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    • Judge Straniere declares that deceptive and improper litigation practices doomed case by Centurion Capital, Wolpoff & Abramson, Mann Bracken, and Fulton Friedman & Gullace

      Finally a judge scrutinizes and decries the blatant defects of a debt buyer's lawsuit wherein it attempted to enforce a judgment without proving that it had been validly assigned, and without proving ...

      Read More
    • The Langel Firm Settled a $69,139 Judgment (Pinpoint Technologies) for $2,000

      Our client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...

      Read More
    • $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 ...

      Read More
    • Prioritize Consumer Debts Based on Risk. A Comprehensive Legal Guide

      Debts of Highest Priority Court Judgments : A judgment is a court order in favor of the creditor. Now as a “judgment creditor,” it can garnish your wages, freeze your bank accounts, and foreclose on ...

      Read More
    • Medical-Debt Blog: Basic Hospital Classifications

      It never hurts to understand your adversary. Medical debt relating to unplanned hospital visits can result in the financial dispute of your life. But as in any other collection cases, defenses exist! ...

      Read More
    • Pressure by NY Attorney General forces improvements to credit reporting

      Consumer Reporting Agencies (Equifax, Experian, Transunion) have promised New York Attorney General, Eric Schneiderman, to improve the credit-reporting dispute process and give more time to repay ...

      Read More
    • The Langel Firm Settled a $69,139 Judgment (Pinpoint Technologies) for $2,000

      Our client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...

      Read More
    • Sykes v. Mel Harris: Notice of Proposed Class Action Settlement

      NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND FAIRNESS HEARING Sykes v. Mel S. Harris and Associates LLC , No. 09 Civ. 8486 ...

      Read More
    • 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 traverse hearing. A ...

      Read More
    • Metro Portfolios Escapes Liability for Suing on Time-Barred Claim Due to Debtor's Failure to Vacate Judgment

      At The Langel Firm, we defend consumer debt lawsuits and bring separate federal lawsuits against those same collectors who violate the Fair Debt Collection Practices Act (FDCPA) within the context of ...

      Read More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...

      Read More
    • Debt Defense: Tips & Hacks 1

      Our "Debt Defense: Tips & Hacks" series was inspired by our Facebook page that we're delighted to see obtain increased viewership. Our goal is to provide quick, useable, and current nuggets of ...

      Read More
    • Midland Funding Seeks U.S. Supreme Court Ruling Over Usury Issue

      You may remember in Madden v. Midland Funding, LLC , the United States Court of Appeals ruled that Midland Funding, LLC a non-bank debt buyer, was unable to charge the same usurious rates of interest ...

      Read More
    • $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 ...

      Read More
    • $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 ...

      Read More
    • "Sewer Service" May Violate FDCPA, Holds New York Federal Court

      The defendants in this case [1] : Mel S. Harris & Associates and NCO Portfolio Management, Inc. The plaintiff sued these collection entities under the Fair Debt Collection Practices Act ("FDCPA") for ...

      Read More
    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...

      Read More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...

      Read More
    • 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 consumers ...

      Read More
    • The Langel Firm Settled a $69,139 Judgment (Pinpoint Technologies) for $2,000

      Our client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...

      Read More
    • 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 traverse hearing. A ...

      Read More
    • 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 ...

      Read More
    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...

      Read More
    • 50 Reasons to Sue your Debt Collector under Federal Law

      The below is a list of 50 clear violations of the Fair Debt Collection Practices Act. [1] Most of these are in the collection-litigation landscape. This list was first inspired by only one ...

      Read More
    • CFPB Stiffly Penalizes Midland Funding and Portfolio Recovery Associates for Collection Defects

      The Consumer Financial Protection Bureau ("CFPB"), the federal government's consumer-protection muscle levied stiff penalties against Encore Capital Group (the parent to Midland Funding, LLC and ...

      Read More
    • Unifund CCR Case Dismissed for Failure to Timely Serve Summons

      Related to the issue in our last blog post , we caused the dismissal of a $14,000 case on the grounds that the plaintiff, Unifund, CCR, LLC , waited too long to properly serve our client. Almost a ...

      Read More
    • This week, The Firm quickly disposes cases by Mel Harris and Pressler & Pressler

      The first case, brought by Mel S. Harris & Associates on behalf of LR Credit 10, LLC enabled us to quickly move to overturn a judgment based on the fact that our client never lived in New York, ...

      Read More
    • 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 ...

      Read More
    • 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 ...

      Read More
    • 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 since 2011 ...

      Read More
    • 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 ...

      Read More
    • The Langel Firm Wipes Out $16K Judgment by RAB Performance Recoveries

      Another 2009 debt-buyer judgment emerges to garnish our client's wages. In this case, the debt buyer was RAB Performance Recoveries represented by Malen & Associates, P.C . A City Marshal served our ...

      Read More
    • LVNV Funding, LLC and Resurgent Capital Sued for Misidentifying Actual Owner of Debt and Improperly Shifting Court Costs to Consumers

      Many original creditors write off bad debts and sell them to third party debt collectors who use aggressive, and sometimes unlawful, practices to collect those debts in violation of the Fair Debt ...

      Read More
    • Class action against LVNV Funding, Resurgent, and Mel S. Harris Survives Dismissal Motion

      In Fritz v. Resurgent Capital Services, LP , [1] the plaintiffs in a class action assert claims against Resurgent Capital Services, LP , LVNV Funding , and Mel Harris , et al. for alleged violations ...

      Read More
    • Resurgent Capital Services, LLC Fails in its Attempt to "Amend" the Caption to Replace it with LVNV Funding as Real Party in Credit Card Lawsuit

      Resurgent Capital Services, LLC, represented by Mel Harris & Associates, LLC , was denied in its attempt, by motion, to simply amend the case caption to substitute Resurgent with different debt buyer, ...

      Read More
    • The Langel Firm Swiftly Resolves Cases against United Guaranty Commercial Insurance of North Carolina

      Since our initial introduction to United Guaranty Commercial Insurance of North Carolina in this case , we've been retained by more consumers needing help against this student loan insurer suing in ...

      Read More
    • Sued By National Collegiate Student Loan Trust? Some Basic Information

      What connection does this "trust" have to my student loan? These trusts are not lenders or guarantors. National Collegiate Student Loan Trust is a trust, or series of trusts, that contain private ...

      Read More
    • 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 ...

      Read More
    • 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 ...

      Read More
    • Rushmore Recoveries has no Evidentiary Foundation to Warrant Summary Judgment, Holds Court: Business Records Exception to Hearsay Rule Not Shown

      The District Court of Nassau County, New York denied Rushmore Recoveries' motion for summary judgment in Rushmore Recoveries X, LLC v. Skolnick (Nassau Cty. Dist. 2007). Rushmore Recoveries sued a ...

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    • $14,500 Cavalry Portfolio Judgment Vacated; Schachter Portnoy Acquiesces to Dismissal of its Debt Buyer Lawsuit

      Our client was sued at an address in a county where he had not resided for 17 years. Obsolete is an understatement. Consequently, he defaulted and needed to hire us to quickly stop a garnishment and ...

      Read More
    • 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 ...

      Read More
    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...

      Read More
    • 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." ...

      Read More
    • The Langel Firm Settled a $69,139 Judgment (Pinpoint Technologies) for $2,000

      Our client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...

      Read More
    • Upon Seizure of Bank Account, Often Times Quick Settlement is the Best Solution

      Each case must be considered under its facts and circumstances. Although our Recent Victories reflect many of our outright dismissals, it is important to know that settlement — especially in the ...

      Read More
    • The Langel Firm Quickly Causes Voluntary Dismissal of Chase/Troy Capital Debt Lawsuit Raising Statute of Limitations

      Our client was sued [1] for an alleged Chase debt with a default date of no later than August of 2007. Our firm quickly moved to dismiss the case under Portfolio v. King (Court of Appeals) arguing ...

      Read More
    • Prioritize Consumer Debts Based on Risk. A Comprehensive Legal Guide

      Debts of Highest Priority Court Judgments : A judgment is a court order in favor of the creditor. Now as a “judgment creditor,” it can garnish your wages, freeze your bank accounts, and foreclose on ...

      Read More
    • Debt Defense: Tips & Hacks 1

      Our "Debt Defense: Tips & Hacks" series was inspired by our Facebook page that we're delighted to see obtain increased viewership. Our goal is to provide quick, useable, and current nuggets of ...

      Read More
    • Sued By National Collegiate Student Loan Trust? Some Basic Information

      What connection does this "trust" have to my student loan? These trusts are not lenders or guarantors. National Collegiate Student Loan Trust is a trust, or series of trusts, that contain private ...

      Read More
    • Deferred Interest Credit Card Offers.... Free Credit or Debt Time Bombs?

      Imagine you are in the market for a new surround sound system. You take a trip to Best Buy and find the ideal surround sound system which will allow you to enjoy your music and movies in crisp, ...

      Read More
  • Tax
    • Intro to Taxation of Art Galleries with Top 13 Audit Pitfalls

      The business of art is fertile grounds for the tax professional. Depending on the unique facts, a piece of art can never sell—or sell for millions of dollars. It can change hands once—or multiple ...

      Read More
    • Employee v. Independent Contractor: The IRS’ 20-Factor Test Analyzed

      Employment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...

      Read More
    • Bonus Depreciation of Business Assets: 7 Hot Questions in 2021

      1) First of all, what is bonus depreciation? Designed to stimulate investment in business property (not land or buildings), the Internal Revenue Code, under the Tax Cuts and Jobs Act of 2017 (TCJA), ...

      Read More
    • Intro to Taxation of Art Galleries with Top 13 Audit Pitfalls

      The business of art is fertile grounds for the tax professional. Depending on the unique facts, a piece of art can never sell—or sell for millions of dollars. It can change hands once—or multiple ...

      Read More
    • Employee v. Independent Contractor: The IRS’ 20-Factor Test Analyzed

      Employment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...

      Read More
    • Sample Tax Audit of an Attorney: Look at these burdensome Demands!

      This blog series focuses on tax audits of attorneys. Why? Because I'm an attorney, and am highly interested in how attorneys wind up in hot water with the IRS. Even though this series focuses on ...

      Read More
    • Prioritize Consumer Debts Based on Risk. A Comprehensive Legal Guide

      Debts of Highest Priority Court Judgments : A judgment is a court order in favor of the creditor. Now as a “judgment creditor,” it can garnish your wages, freeze your bank accounts, and foreclose on ...

      Read More
    • The National Taxpayer Advocate Points to Systemic Flaws within the IRS

      Despite the IRS' recent achievements, and its 5-year Strategic Plan to streamline operations, The National Taxpayer Advocate exposed some core weaknesses. The National Taxpayer Advocate (NTA) is an ...

      Read More
    • Despite Budget Restraints, The IRS is Committed to Improving Quality

      The IRS published its 5-Year Strategic Plan for years 2018 to 2022. Below are some of its strategic goals. Honoring the Taxpayer Bill of Rights; Encouraging more online interaction to increase ...

      Read More
    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...

      Read More
    • New York Alert: Active Tax-Debt Settlement Scam

      Friends, Be aware of an active tax-debt settlement scam targeting middle-class New York. The scammers pawn themselves off as tax-settlement professionals alerting you to— and offering to ...

      Read More
    • State or Local Tax Liens Appearing on Your Credit Report? We Can Help

      If you have recently discovered that there is a state tax warrant or a tax lien against you, you are most certainly not alone. Similarly, if you have recently received a tax bill or notice, you are in ...

      Read More
    • 15 FAQ’s about Statute of Limitations, Debt Collection, and Credit Reporting

      1) What is the statute of limitations? It’s the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a collector sues within that ...

      Read More
    • New York Alert: Active Tax-Debt Settlement Scam

      Friends, Be aware of an active tax-debt settlement scam targeting middle-class New York. The scammers pawn themselves off as tax-settlement professionals alerting you to— and offering to ...

      Read More
    • State or Local Tax Liens Appearing on Your Credit Report? We Can Help

      If you have recently discovered that there is a state tax warrant or a tax lien against you, you are most certainly not alone. Similarly, if you have recently received a tax bill or notice, you are in ...

      Read More
    • Taxation of Lawsuit Recoveries: 10 Points of Law

      The same tax rules apply whether the award is made by settlement (before or after lawsuit) or awarded through a judgment. But the parties can influence taxation by inserting pivotal facts in a ...

      Read More
    • Tax Court Filing Deadlines are Not Extendable

      Tax law is harsh when it comes to most filing deadlines, which are considered jurisdictional and not subject to equitable tolling. Even one day late, regardless of the harshness of result, will block ...

      Read More
    • Is your Tax Accountant Covered under the Attorney-Client Privilege?

      Under the tax code, the confidentiality privilege only applies in non-criminal tax matters. But United States v. Kovel (2nd Cir. 1961) stepped in to extend the attorney-client privilege to cover ...

      Read More
    • Taxation of Lawsuit Recoveries: 10 Points of Law

      The same tax rules apply whether the award is made by settlement (before or after lawsuit) or awarded through a judgment. But the parties can influence taxation by inserting pivotal facts in a ...

      Read More
    • New York Alert: Active Tax-Debt Settlement Scam

      Friends, Be aware of an active tax-debt settlement scam targeting middle-class New York. The scammers pawn themselves off as tax-settlement professionals alerting you to— and offering to ...

      Read More
    • State or Local Tax Liens Appearing on Your Credit Report? We Can Help

      If you have recently discovered that there is a state tax warrant or a tax lien against you, you are most certainly not alone. Similarly, if you have recently received a tax bill or notice, you are in ...

      Read More
    • 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 ...

      Read More
    • Debt Collectors Threatening You With Jail Time? You Have a Claim Under the FDCPA

      The Fair Debt Collection Practices Act (FDCPA) prohibits harassing and abusive conduct as well as false, deceptive, or misleading representations in connection with collection of a debt. If a debt ...

      Read More
    • The Langel Firm preparing to launch TCPA case against Capital One

      At issue are 53 pre-recorded, vague, unsolicited voicemails left on our client's cell phone from July 2010 to March 2011 by Capital One. The Langel Firm will allege that Capital One violated the ...

      Read More
    • The Langel Firm Quickly Causes Voluntary Dismissal of Chase/Troy Capital Debt Lawsuit Raising Statute of Limitations

      Our client was sued [1] for an alleged Chase debt with a default date of no later than August of 2007. Our firm quickly moved to dismiss the case under Portfolio v. King (Court of Appeals) arguing ...

      Read More
    • Who is Liable for Employment Taxes in Wake of Covid-19 Business Closures?

      Temporary Relief Followed by Potential Liability for Employment Taxes New York’s PAUSE Order aimed at mitigating the spread of COVID-19 unavoidably devastated business income. Because of that, NYS ...

      Read More
    • 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 ...

      Read More
    • $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 ...

      Read More
    • Unifund CCR Case Dismissed for Failure to Timely Serve Summons

      Related to the issue in our last blog post , we caused the dismissal of a $14,000 case on the grounds that the plaintiff, Unifund, CCR, LLC , waited too long to properly serve our client. Almost a ...

      Read More
    • The Langel Firm Swiftly Resolves Cases against United Guaranty Commercial Insurance of North Carolina

      Since our initial introduction to United Guaranty Commercial Insurance of North Carolina in this case , we've been retained by more consumers needing help against this student loan insurer suing in ...

      Read More
    • The Langel Firm Compels United Guaranty's Discontinuance of $37K Student Loan Case

      United Guaranty Commercial Insurance Company of North Carolina faced stiff opposition when it sued a valued client of ours. Immediately, we challenged the capacity of this corporate entity, its right ...

      Read More
    • 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 ...

      Read More
    • Debt Buyer's Failure to Communicate Disputed Nature of Debt to its Collector found Actionable under the FDCPA; Class Action survives Motion to Dismiss

      In Plummer v. Atlantic Credit & Finance, Inc ., [1] the court upheld three general rules: Debt buyers are debt collectors. Buying and selling debts is considered debt collection activity covered under ...

      Read More
    • 4 Reasons to Vacate your Default Judgment Before Suing under the FDCPA

      Courts are in the business of reducing disputes to judgments— not revisiting issues already encompassed within judgments; Actually, that’s not entirely true. Our law practice—The Langel Firm—regularly ...

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    • The 5 Scenarios in which Collectors have Standing to Bring Collection Lawsuits

      We operate heavily in the debt-buyer litigation market. Standing (ability to show connection to an injury) is always a core defense since the debt buyers' Achilles heels are the admissibility of ...

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    • Can a Debt Buyer Authenticate (Admit into Evidence) an Original Creditor's Business Records?

      The General Rule Do you have a case where a debt buyer [1] is using an affidavit signed by its own employee to introduce account statements of the original bank? That is generally not allowed because ...

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    • Judge Straniere declares that deceptive and improper litigation practices doomed case by Centurion Capital, Wolpoff & Abramson, Mann Bracken, and Fulton Friedman & Gullace

      Finally a judge scrutinizes and decries the blatant defects of a debt buyer's lawsuit wherein it attempted to enforce a judgment without proving that it had been validly assigned, and without proving ...

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    • 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 ...

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    • Zwicker & Associates Case Dismissed for its Failure to Produce Process Server at Traverse Hearing

      In a shocking display of blind adherence to phony affidavits of service, Zwicker & Associates ran out of arguments today when its case was thrown out by Judge Velasquez of Queens Civil Court. The ...

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    • Discover Bank Fails to Establish its Right to Collect Charged-off Debt

      By decision dated July 17, 2012, Judge Ciaffa of Nassau District Court, New York rejected Discover Bank's attempt to collect on a charged-off debt. Judge Ciaffa denied Discover's motion for Summary ...

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