Debt Collection Defense

Most New York Home Mortgages May be “Unforeclosable” under a 2011 Appellate Court Ruling

A recent New York Appellate Court ruling may mean that the majority of home mortgages in New York State are “unforeclosable,” and that homeowners may keep their homes without making mortgage payments.

How and Why Debt Inversion Works

The debt collection business relies on people not fighting back. If everyone put debt collectors to their proof as we do, they would all be forced out of business.

Collection Law Firm Mel S. Harris & Associates Sued for Racketeering in Federal Class Action for Using Robo-Signers and “Sewer Service”

“To get judgments against the borrowers, the judge said, a single Mel Harris employee named Todd Fabacher signed 40,000 affidavits attesting to the accuracy of debt claims. Assuming 260 business days a year, Fabacher had to have personally (and purportedly knowledgeably) issued an average of twenty affidavits of merit per hour, i.e., one every three  … Read more

New York Debt Collection Defense and Counterclaims

In New York, a debt collection action is neither simple nor cut-and-dried. If the collection action is properly contested, it is frequently possible to win the case and owe no money. It is sometimes possible to force the collector to pay money to you.

Recover monetary damages from debt collectors and debt collection attorneys who commit crimes while attempting to collect a debt in New York State.

Violation of any federal, New York State or local criminal law is also a violation of the federal Fair Debt Collection Practices Act, for which you may recover up to $1,000 or your actual damages, plus attorneys fees and court costs.

Debt Collection Defense in New York State

In New York, a debt collection action is neither simple nor cut-and-dried. If the collection action is properly contested, it is frequently possible to win the case and owe no money. It is sometimes possible to force the collector to pay money to you.

Follow us on Twitter @debtinversion

The LeNoir Law Firm takes legal action against out-of-state debt collection attorneys who are not licensed to practice law in New York, for placing illegal garnishments on the wages of New Yorkers.

“…these out-of-state law firms and attorneys are committing crimes in New York by practicing law in New York without a license. Committing a crime in the course of an attempt to collect a debt is a violation of the federal Fair Debt Collection Practices Act, for which we sue for monetary damages, attorneys’ fees and litigation expenses.”

"Pay Garnishments Rise as Debtors Fall Behind" – New York Times

http://www.nytimes.com/2010/04/02/business/economy/02garnish.html?pagewanted=1&hp Good article about a disastrous situation for working poor people who are alleged to owe a debt.  Here’s an excerpt:       For the working poor, losing a lawsuit can mean disaster. Federal law permits creditors to seize as much as a quarter of a worker’s paycheck, though the cutoff is lower for the lowest-paid workers, and a  … Read more

The LeNoir Law Firm represents victims of sewer service fraud by process servers for debt collection attorneys.

“[A] 2008 report by MFY Legal Services, a nonprofit law firm in New York, found that defendants in consumer debt cases showed up in court less than 10 percent of the time, raising questions about whether they were ever properly served and about the prevalence of sewer service in the industry.”