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Blog Posts in January, 2012

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  • The United States Supreme Court examines the Telephone Consumer Protection Act (TCPA) and holds that consumers bothered by intrusive telemarketing calls can bring cases in federal district courts, in addition to state courts.
    The United States Supreme Court examines the Telephone Consumer Protection Act (TCPA) and holds that consumers bothered by intrusive telemarketing calls can bring cases in federal district courts, in addition to state courts.

    The case discussed in this blog entry represents a big win for consumers because it leaves open the option of suing harassing telemarketers in federal courts. So many federal district courts and ...

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  • Case Dismissed for Process Server's Failure to Produce Records at Traverse Hearing
    Case Dismissed for Process Server's Failure to Produce Records at Traverse Hearing

    Foreclosure Dismissed: The Impact of Process Server Standards in Nassau County Background of the Case: U.S. Bank Nat. Assoc. v. Murillo In a significant ruling, the Supreme Court of Nassau County ...

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  • The Langel Firm stops wage garnishment and causes dismissal of collection action brought by MRC Receivables Corp. and Cohen & Slamowitz, LLP
    The Langel Firm stops wage garnishment and causes dismissal of collection action brought by MRC Receivables Corp. and Cohen & Slamowitz, LLP

    As is demonstrated over and over again, a creditor's money/default judgment is as good as the validity of service (delivery to defendant-debtor) of the underlying court papers (summons and complaint). ...

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  • When a spouse passes away - New York courts tell Palisades Collection and American Express surviving spouses are not liable for deceased spouse's credit card debt unless companies prove surviving spouse explicitly agreed to pay
    When a spouse passes away - New York courts tell Palisades Collection and American Express surviving spouses are not liable for deceased spouse's credit card debt unless companies prove surviving spouse explicitly agreed to pay

    Can you be held liable for your wife's or husband's individual credit card debts if he or she passes away? The answer is dependent upon applicable laws in each individual state. Here, we will address ...

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  • In New York City, does a debt collector violate the FDCPA for not acquiring its debt collector license before suing you?
    In New York City, does a debt collector violate the FDCPA for not acquiring its debt collector license before suing you?

    So you are sued for a credit card debt by a company you've never heard of. For example, you are sued by Worldwide Asset Purchasing, LLC or Pride Acquisitions, LLC. In New York City, all debt ...

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  • Portfolio Recovery Associates v. King, Statutes of Limitation and Making Them Work for You in Collection Defense Cases
    Portfolio Recovery Associates v. King, Statutes of Limitation and Making Them Work for You in Collection Defense Cases

    Statutes of limitations may be a complete defense against a debt collection lawsuit, but you must be sure you know what statute applies, and when the limitations period starts to run before you can ...

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