New York City Debt Collection Defense & tax Attorney

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 not had any connection to New York since 2007. Therefore, any service upon him in New York was defective, we argued.

We also attacked the bank's case on the grounds that its lawyers misrepresented (and violated) the "statute of limitations" (time in which to sue—in this case 6 years). The bank's lawyers asserted that liability arose from the date of the debt's charge-off. New York law, however, in Ely-Cruikshank v. Bank of Montreal, holds that liability arises from the date of the default.

We argued that the above misrepresentation of law triggered potential consumer violations under the Fair Debt Collection Practices Act.

The bank promptly agreed to discontinue its case without settlement.

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