New York City Debt Collection Defense Attorney

Blog Posts in May, 2012

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  • 8th Circuit Rejects FDCPA Claim over Collection Lawyer's alleged misrepresentations in a State-Court Collection Lawsuit
    8th Circuit Rejects FDCPA Claim over Collection Lawyer's alleged misrepresentations in a State-Court Collection Lawsuit

    The lesson in Hemmingsen v. Messerli & Kramer, P.A. [1] is that collection lawyers are afforded leeway to bring cases, make allegations – and lose – without violating the FDCPA. A blanket rule ...

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  • Malen & Associates Loses Bid to Limit Portfolio Recovery v King to Post-2010 Cases
    Malen & Associates Loses Bid to Limit Portfolio Recovery v King to Post-2010 Cases

    As we reported in Making Statutes of Limitations Work for You , Portfolio Recovery Assoc. v. King , a 2010 New York Court of Appeals decision, sent ripples through the debt collection industry because ...

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  • Maryland District Court held that forged signatures on foreclosure documents were not
    Maryland District Court held that forged signatures on foreclosure documents were not "materially" related to debt, thus non-actionable under FDCPA

    We have written a fair amount here about the problem of robo-signed affidavits in debt collection cases (see, for instance, Judge Dismisses American Express Complaint After Finding Robo-Testimony ; ...

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  • The Langel Firm secures $8,197 default judgment against Sieger Ross & Aguire, LLC for telephone harassment under FDCPA. State law theories of liability discussed.
    The Langel Firm secures $8,197 default judgment against Sieger Ross & Aguire, LLC for telephone harassment under FDCPA. State law theories of liability discussed.

    This blog entry, and the case [1] it is premised upon, is important because it demonstrates that even a solid FDCPA case may fall short of satisfying all elements of concomitant state law theories. ...

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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
    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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  • Judge dismisses American Express complaint after finding American Express offered
    Judge dismisses American Express complaint after finding American Express offered "robo-testimony" at trial

    In this case, captioned American Express Bank v. Tancreto [1] , American Express Bank, F.S.B. brought causes of action for breach of contract and account stated to collect on a credit card issued to ...

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