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

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  • 5 Ways the C.A.R.D. Act is Helping Consumers of Credit
    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 ...

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  • Top Ten Consumer Frauds of 2015
    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 ...

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

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  • Court Refuses to Vacate Satisfied (paid) Judgment
    Court Refuses to Vacate Satisfied (paid) Judgment

    This situation is relatively common: A debtor (person who owes money) is surprised by a frozen bank account due to a judgment previously entered; Debtor enters into settlement agreement to cause quick ...

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  • Guarantors Unable to Escape Liability for $250,000 Capital One Loan
    Guarantors Unable to Escape Liability for $250,000 Capital One Loan

    Two guarantors of a $250,000 loan issued by Capital One failed to convince a Kings (Brooklyn, New York) Supreme Court judge that their signed guaranties were unenforceable. Capital One moved by ...

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