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Blog Posts in December, 2014

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  • Debt Buyer's Failure to Communicate Disputed Nature of Debt to its Collector found Actionable under the FDCPA; Class Action survives Motion to Dismiss
    Debt Buyer's Failure to Communicate Disputed Nature of Debt to its Collector found Actionable under the FDCPA; Class Action survives Motion to Dismiss

    In Plummer v. Atlantic Credit & Finance, Inc., [1] the court upheld three general rules: Debt buyers are debt collectors. Buying and selling debts is considered debt collection activity covered under ...

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  • Seeking Relief from a Lien or Levy Pending an Appeal (New York)
    Seeking Relief from a Lien or Levy Pending an Appeal (New York)

    Upon an appeal of a money judgment, and upon the purchase of a bond, CPLR § 5204 provides the judgment debtor with potential "suspension" of judgment enforcement, including the cancellation of levies ...

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  • Judgment Creditor versus Transferee: Who Has Rights to the Money/Property?
    Judgment Creditor versus Transferee: Who Has Rights to the Money/Property?

    This blog entry is part of a series that simplifies each section of New York CPLR Article 52, "Enforcement of Money Judgments." There are 53 sections in Article 52. This entry is the 2 nd of 53. For a ...

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  • A Simple List of What Property your Judgment Creditor May Seize (New York)
    A Simple List of What Property your Judgment Creditor May Seize (New York)

    First, what is a "judgment creditor"? A judgment creditor is the person or company that sued you and obtained a money judgment against you. If you've reached this website, your judgment creditor is ...

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  • The Langel Firm Secures Dismissal of CACH, LLC Case due to Affidavit Defect
    The Langel Firm Secures Dismissal of CACH, LLC Case due to Affidavit Defect

    Represented by Daniels Norelli Scully & Cecere, P.C., debt-buyer, CACH, LLC, sued our client for an alleged Bank of America (FIA) credit-card debt. Although the amount at issue was small, the stakes ...

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  • The Langel Firm Swiftly Causes Release of Bank Account and Convinces Colorado Capital Investments, Inc. and Daniels Norelli to Discontinue the Case
    The Langel Firm Swiftly Causes Release of Bank Account and Convinces Colorado Capital Investments, Inc. and Daniels Norelli to Discontinue the Case

    A bank-account seizure would cripple anybody. Most consumers live out of their personal checking account. A debt-collection lawyer in possession of a judgment against you can easily find where you ...

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