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Blog Posts in May, 2013

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  • District Court Strikes Midland Funding's Notice to Admit in Credit Card Lawsuit
    District Court Strikes Midland Funding's Notice to Admit in Credit Card Lawsuit

    In short, District Court, Nassau County [1] ruled that Midland Funding, LLC may not use a Notice to Admit in lieu of laying a proper foundation for admission of documents necessary to establish its ...

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  • Retirement Funds Are Exempt from Bank Restraints in New York
    Retirement Funds Are Exempt from Bank Restraints in New York

    Are you a New York resident who maintains a bank account that consists of retirement or pension funds? If so, you should be aware that those retirement funds are beyond the reach of creditors ...

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  • CACH, LLC Loses Attempts at Summary Judgment and Motion to Strike
    CACH, LLC Loses Attempts at Summary Judgment and Motion to Strike

    A summary judgment motion is a written request for judgment based on evidence obtained before trial. Such evidence can include documents, testimony, and affidavits by witnesses qualified to testify or ...

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

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

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