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CREDIT DEFENSE ATTORNEYS
These days, creditors will sue in court for minimal sums of money that only several years ago would be very quickly written off as obviously not worthy of pursuing in the courts. This is no longer the case.
In fact, In New York State, in the upstate county of Erie, a consumer credit lawsuit was filed in January 2018 against a local town resident to collect the sum of $.08. This is why it is highly recommended that you contact experienced credit card defense attorneys immediately if and when you are served with a summons to collect a debt in New York City, NY.
DID YOU KNOW THAT...
If the the debt collectors already got your money, you can very likely get it back with our help. Want to get your money back? Being sued for debt by debt collectors ? Then, you need our help now. Debt collectors are looking to seize your bank account, salary and any other assets and we can stop them. If you are in this situation, and the debt collection attorneys are contacting you, call us right now and we will give you debtors' defense, beginning with explaining your rights and options before things get worse.
As a general rule, the longer you wait, or more specifically, the longer and harder you fight back with the help of attorneys associated with the Credit Card Defense Center, the more favorable settlement offers you are likely to receive.
However, there can be a significant drawback to waiting, which is damage to your credit.
As time goes by, there will likely be multiple negative markings on your credit report due to the extended default of the loan.
What Happens When You Default on Your Credit Card or Loan Payments in New York State ?
Defaulting on your credit card, loan, or other financial obligations can lead to serious legal and financial consequences. Many consumers aren’t aware of the full range of actions that banks and creditors can take when payments are missed.
Here’s what you need to know about what can happen in New York State if you default on your debt—and how a debt defense attorney like my office can help you through debt collection defense, negotiate with debt collectors, and fight a debt lawsuit.
As soon as you miss a payment, the creditor may start contacting you, demanding immediate repayment. This can involve letters, emails, and phone calls. After several missed payments, the creditor may escalate matters by turning your debt over to a third-party debt collection agency. These agencies are regulated under New York’s Debt Collection Procedures Act (NY GBL § 600 et seq.), which outlines protections for consumers, such as limiting harassment and ensuring the debt is properly verified when requested.
As a debt collection defense attorney, I can intervene on your behalf, communicate with debt collectors, and help you exercise your rights under the law.
One of the most serious consequences of defaulting on your debt is a lawsuit. Creditors or debt collectors may file a debt collection lawsuit against you in court. If you do not respond to the lawsuit, the creditor could obtain a default judgment, which allows them to garnish your wages, freeze your bank accounts, or even put a lien on your property. Under New York Civil Practice Law and Rules (CPLR) § 5201, creditors can garnish up to 10% of your wages or seize funds from your bank account to satisfy the debt. However, this can be avoided by fighting the debt lawsuit. My office can help defend you in court and prevent creditors from obtaining a judgment, potentially negotiating a settlement on more favorable terms.
It’s important to know that New York State has a three-year statute of limitations on most consumer debt claims, such as credit card debt (CPLR § 214(2)). This means that if a creditor waits more than three years after your last payment or acknowledgment of the debt, they may be barred from suing you. Knowing this critical legal timeframe could be a powerful defense in a debt lawsuit.
As your attorney, I will review your case thoroughly to see if the statute of limitations applies, giving us grounds to fight the debt lawsuit.
If a creditor wins a judgment against you, they may seek wage garnishment or freeze your bank accounts. New York CPLR § 5231 allows creditors to garnish up to 10% of your gross wages, while CPLR § 5222 provides creditors the authority to seize funds from your bank accounts to cover the debt.
However, with the help of a debt collection defense attorney, it is possible to challenge wage garnishment, prevent the freezing of your assets, and protect your income through legal means.
If you are facing aggressive debt collection actions, wage garnishment, or a lawsuit, don’t panic. My office specializes in debt collection defense and can help you in the following ways:
Don’t Wait—Take Action Today
If you’re struggling with debt or have been sued by a creditor, contact my office today for a consultation. We’ll review your case and explore the best legal options to protect your financial future. Whether it’s debt collection defense, fighting a debt lawsuit, or negotiating with debt collectors, my office is here to help.
No matter how large, famous or seemingly powerful the company is which is after you for money, the consumer protection and debt defense attorneys at The Credit Card Defense Center of NY are ready to come to your defense today.
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Our experienced debt defense attorneys offer an aggressive debt collection defense with more than fifty years of combined experience and a proven track record of success when it comes to handling consumer debt lawsuits.
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Contact us today to consult with an attorney about debt defense anywhere in New York State.
Here are some of the types of lawsuits we've handled:
ALL RESULTS ARE
A MATTER OF THE PUBLIC RECORD
CAPITAL ONE BANK sued my client for $32,000 in July, 2017 and I struggled with the bank for a 2 years and 4 months while my client paid $00 to the bank during this time. My client was able to save money during this “Quiet Period”, allowing us to forge a settlement with Cap One in December, 2018 for a $14,000 one-time payment, thereby saving my client $16,000. DISCOVER finally agreed to accept $4800 to resolve this matter once and for all. Case ID: StarCase
üSupreme Court – New York County (August., 2019): AMERICAN EXPRESS sued my corporate client based in Texas in New York State Supreme Court in Manhattan for $395,000. I fought off American Express for exactly one year, give or take a day or two. After hours of negotiation and courtroom litigation, resulting in a negotiated settlement for a one-time patent of $130,000 to be paid within 24 hours of the settlement. Result: Corporate client saves $265,000 off his Amex bill and case is closed. Client okays under $10,000 in legal fees for this feat. Case ID: ComMEch.
üCivil Court – New York County (August., 2019): CITIBANK, NA went after my 75-year retired business man client with a vengeance of approximately $5,0000 on his Citi Card. The well-known collection firm assigned to this case aggressively brought on a motion in Civil Court to attempt to obtain a judgement against my client. I fought the case in Court for exactly two years, during which time my client paid nothing ($00.))) to Citibank during this time. Eventually, I, able to settle the case for the sum of $2400, payable at the rate of $100 per month for 24 months, a more affordable sum for my client. Case ID: LOuD
üSupreme Court – Putnam County (May., 2019): AMERICAN EXPRESS sued my fireman client for $65,000 after he got behind over unexpected expenses while building his upstate dream home and his wife suffered some temporary medical complications requiring planned home care after an eventful pregnancy. I struggled with AMERICAN EXPRESS for months and obtained assistance from an understanding Court in allowing my client enough time to get his finances together and make a payment plain. We were finally able to work out a disposition satisfactory to both sides that required my client to pay $40,000 within 30 days, which payment ended the case once and for all. Result: Client saves $25,000 off his Amex bill. Happy family ending too. New home finished, baby & mom safe and well. Client back to work as a good public servant. Case ID: Fireshield üSupreme Court – Kings County (April., 2019): Defaulted Students Loans are very troublesome. My client was sued in April, 2018 by NATIONAL COLLEGIATE STUDENT LOAN for $12,500. At the time, he was in between jobs and has young children. And his mother, a home owner with her home now at risk, was the co-signor. So, of course she was sued as a co-defendant. I stepped in, controlled the case, and stopped the entry of a judgment. Then, I defended the case for 10 months on behalf of my client and his mom. Case settled quietly with no muss and fuss for $8500 with payments of $175 a month for 48 months with no interest. Client happily saves $4,000 and a bunch of aggravation.
üCivil Court – Brooklyn (March., 2019): MASON INTERACTIVE, an internet design firm, had a default judgment against my client for approximately $30,000 in Civil Court, Brooklyn. I brought an Order to Show Cause and got a judge’s signature stopping the City Marshal, releasing the client’s bank account and vacating the judgment. I negotiated a settlement of $12,000, payable over 3 payments, saving the client approximately $16,000 after fees & costs. Case ID: InjMoh
üSupreme Court – Broome County (March., 2019): AMERICAN EXPRESS sued client and his corporation starting in 2015 for unpaid credit card bills. I struggled against AMERICAN EXPRESS for 3.5 years because the client had many good faith disputes that had not been fully addressed by AMERICAN EXPRESS. After refusing to resolve my client’s legitimate disputes in their favor, AMERICAN EXPRESS sought $130,000 in a lawsuit right in Supreme Court Broom economy. After court appearances and many court payments I were finally able to resolve the $130,000 case for a settlement of $45,00 in a one-time payment. That settlement payment was made easily by bank wire and, consequently, the client saved approximately $90,000, even after accounting for legal fees Case ID: Silsbee
üSupreme Court – Suffolk County (Feb., 2019): AMERICAN EXPRESS wants $45,000 from my client and sues just as he is having unexpected financial difficulties in his start up business. AMERICAN EXPRESS is kept under control for nine months so client can gather his wits and his funds. Case settled in February, 2019 for $20,000, payable with $15,000 down and $5,000 payable one month later. Client saves approximately $22,000 including legal fees. Case ID: Bender
üSupreme Court - Manhattan (Nov., 2018): NATIONAL COLLEGIATE STUDENT LOAN sued my working mom client for $46,000 nearly 5 years after her last payment on a student loan. But the suit was filed too late & in violation of the statute of limitations. Before trial, I brought on a motion (a written request to the court) to dismiss the case. Upon review of my motion, National Collegiate agreed to dismiss the case. Out client walked away paying nothing to this creditor, saving more than $46,000. Case ID: Angelina
üSupreme Court - Manhattan (Nov., 2018): AMERICAN EXPRESS sued my cash poor asset rich client two years ago for $30,000. Client settles for a one-time payment of $15,000 this month, after finally receiving his inheritance, and the case is over. Client was able to save more than $13,000 including legal fees and a bunch of aggravation in the process. Case ID: Mark
üSupreme Court - Nassau (Nov., 2018): AMERICAN EXPRESS sued my police sergeant client for $41,803.04 in June 2016. I fought AMERICAN EXPRESS in Court for 19 months. My client paid nothing to AMERICAN EXPRESS during that time. Client was able to save $23, 000 to pay off AMERICAN EXPRESS during that time. I ultimately settled in March, 2018 for $22,000, shaving $19,803 off his AMERICAN EXPRESS bill. Client paid 4.7 % of the outstanding claim in legal fees and, therefore, saved a net $17,803, even accounting for legal fees. Result: Client saves a net $17,803 even after legal fees Case ID: Brian
üSupreme Court - Manhattan (Oct., 2018): AMERICAN EXPRESS sued my upper west side designer & condo owner for $35,000 in Nov., 2016. I litigated against AMERICAN EXPRESS for 15 months while client paid $00.00 to AMERICAN EXPRESS during this time. $21,000 Settlement. Client had saved $24,000 to pay off AMERICAN EXPRESS, shaving $11,000 off his AMERICAN EXPRESS bill and avoiding a lien on his Central Park West condo. Result: Client saves $11,000.
Case ID: Adam
üSupreme Court - Manhattan (Oct., 2018): AMERICAN EXPRESS wanted $25,502.94,000 from my soon-to-be-divorced mom with minor children. After a year of litigation, AMERICAN EXPRESS demanded a one-time payment of $17,000 to settle the case. Clients owns property, has a good profession but no support from soon to be ex-husband and in divorce court. AMERICAN EXPRESS settled for $15,000 payable over 15 months. Client was charged a fee of 5% of the outstanding amount and saved over $10,000 off her AMERICAN EXPRESS bill. Result: Case ID: Eileen
üSupreme Court - Manhattan (Oct., 2018): AMERICAN EXPRESS wanted $550,000 from my corporate client and, after a year of litigation in Court, got exactly nothing. Client offered $200,000. American Express foolishly refused, insisting on a settlement payment of $400,000. They got exactly $00.00. Attorney fee for Client was only 2% of the outstanding amount and walked away paying American Express nothing. Client saves 100%. and pays $00.00 to American Express. Case ID: HC1
üSupreme Court - Westchester (Dec., 2017): AMERICAN EXPRESS wanted $16,746.17 from my small business client (trucking) and started the lawsuit in July, 2016. Sixteen months later, case settled for a $8,534.00 one-time payment, ending the matter once and for all, saving 50% in the process. Client was charged a total fee of 7% of the amount being used for in the lawsuit. Client saves 50%. Case ID: Bill R.
üSupreme Court - Suffolk (Dec., 2017): AMERICAN EXPRESS sued for $10,218. Eleven months later, the case was settled for $6,134. Client saves approximately 40%. Result: Client saves 40%. Case ID: SuDr1
üSupreme Court - Manhattan (Dec., 2017): AMERICAN EXPRESS sued my client, a small, hard working self-employed business man, for $44,120.83. Eight months later, case settled for $30,000 payable over 12 months, saving client approximately 32%. Result: Client saves 32%. Case ID: LoDe1
üNYC Civil Court - Manhattan (Dec., 2017): Original creditor BANK OF AMERICA sues my client in two different cases at the same time for a total of for $30,600. Six months later, case settled for $18,000 payable over 24 months, saving the client 41%. Result: Client pays exactly $30,000 to AMERICAN EXPRESS. Case ID: LoDe2
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