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Blog Posts in 2014

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Two "Student Loan Relief Agencies" Busted for Fraud

The Consumer Financial Protection Bureau (CFPB) has taken action to shut down two student loan debt relief scammers by filing lawsuits against them. One is College Education Services, and the other is ...
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New York Set to Pass New Rules on Debt Collection

This past week, the New York State's Department of Financial Services announced its formal adoption of new debt collection regulations that would place new disclosure and written communication ...
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Debt Settlement Co. Schemer Gets 9 Years in Prison

The owner of a New York debt settlement company, Mission Settlement, has received a 9 year prison sentence for running a fraudulent debt collection relief scheme that would target vulnerable ...
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NY Rent Stabilized Apartments Ruled to Be Exempt in Bankruptcy

In a 5-2 vote, the New York Court of Appeals on a huge bankruptcy issue has ruled that rent-stabilized apartments are exempt from the bankruptcy estate, meaning that they will not be sold from under ...
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Collection Victim Sues Collector Under the FDCPA

Debt collector, John Anderson, has turned into a debtor himself after he was sued for engaging in harassing, aggressive, and illegal debt collection acts. Jessica Burke, the woman who filed suit, was ...
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Department of Education Student Loan Defense

Our client, a dentist, being sued by the Department of Justice (DOJ) on behalf of the Department of Education (DOE) in the Eastern District of New York in federal court in regards to federal student ...
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NY Court of Appeals to Hear Berman v. City of New York Case

The New York Court of Appeals, the state's highest court, will hear Berman v. City of New York, originally filed in 2009, after the case had already made its way through Eastern District Court and ...
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Student Loan Servicer Fraud

The Consumer Financial Protection Bureau (CFPB) released a report detailing how companies servicing student loans and mortgages engaged in fraudulent and illegal practices by tricking their consumers ...
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Private Student Loan Lenders May Be to Blame for Default

The Consumer Financial Protection Bureau (CFPB) has released a report concluding that people with private student loans are driven into default because of their lenders' failure to provide ...
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Court Rules Against Contacting Deceased's Family Members

The United States Court of Appeals for the Second Circuit ruled in Nigro v. Mercantile Adjustment Bureau, LLC that unsolicited phone calls concerning a dead relative's debt are prohibited by the ...
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Tuition Debt Resolved with Stein & Stein

Colleges and Universities often sue former students for tuition debt allegedly owed. As with other debt they are generally able to obtain a default judgment and enforce against a bank account or ...
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Cohen & Slamowitz

Our firm was retained by an elderly client who was frantic that Cohen and Slamowitz had frozen her bank account. We investigated and found that Citibank, the original creditor had been able to obtain ...
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Access Group Private Student Loan Settlement

Our client, a college professor, contacted us initially about a private student loan that had defaulted over a decade ago. Her son initially obtained the loan but she was the co-signor. Thus, because ...
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Houslanger & Associates Judgment Vacated

Mann Bracken on behalf of Centurion Capital Corp sued our client back in 2006 and obtained a default judgment. They alleged that he was served properly but our indication from this matter was that he ...
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Wage Garnishments and Frozen Bank Accounts Hurt Americans

In recent years, debt collectors and collection agencies have dramatically shaped the way debt is collected and the structure of the debt collection process. They have employed more aggressive tactics ...
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Trends in Wage Garnishment

One in ten working Americans between the ages of 35-44 are having their wages garnished due to credit card debt, medical debt, or student loan debt. This figure comes from a report in collaboration ...
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Medical Debt and Its Effect on Credit Scores

According to a new report based on studies conducted by the National Consumer Law Center, nearly 75 million working age adults experienced problems with medical bills in 2012, and about 41 million ...
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Credigy Receivables Default Judgment Vacated

Our client was sued by First Select Corporation, a debt buyer in 1999 through their attorneys, Forster & Garbus and a default judgment was entered against him. They were not able to enforce the ...
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Credit Acceptance Default Judgment Vacated

This alleged debt stemmed from the repossession of a car that our client had from about 2004. In these scenarios the car is sold at auction and then the owner is responsible for whatever the ...
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Palisades LLC Case Resolved

Our client was initially sued in 2005 by Houslanger & Associates, on behalf of their client Colonial Credit Corporation. A default judgment was not enforced until almost two years later in 2007. ...
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Polanco v. NCO Portfolio Mgt., Inc.

In a recent case, the Court granted plaintiff's motion to amend and add a claim of unlawful conversion to her complaint for unlawful conversion of plaintiff's funds. Plaintiff was able to ...
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Consumer Financial Protection Bureau Investigate Consumer Reporting Agencies

In their investigation into Consumer Reporting Agencies, the Consumer Financial Protection Bureau ("CFPB") discovered problems and violations in their practice and procedures that did not ...
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Six Things To Know About Which Debts to Prioritize

Deciding which debts to pay first is a personal decision that is different for many people in different circumstances, but a consumer debtor should know about which debts are priority and should be ...
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Federal Credit Reporting Act Violations in New York

The United States District Court for the Southern District of New York in Crawford v. Recovery Partners, partially granted plaintiff's motion to amend his complaint against defendant, Recovery ...
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Know Six Things that Creditors Can and May Do if a Default Occurs

Creditors can stop doing business with you. Creditors can report your debt to a credit reporting agency, but the agency has a legal duty to report your debt accurately. Debt collectors also have a ...
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