Buh Bye Credit Solutions of America. New York Won’t Miss Ya.

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       Credit Solutions of America, Inc., a Dallas, Texas-based credit services business, has been permanently enjoined from engaging in business dealings with the consumer public and from doing business in the State of New York. The Attorney General of the State of New York sued them, claiming they were engaging in fraudulent, deceptive, […]

Felony Charges Sought Against Owner of Debt Collection Company That Targeted Military Personnel With Credit Card Lawsuits

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  The New York Attorney General recently announced the filing of felony charges against the owner of a New York debt collection company that targeted military personnel with credit card lawsuits and harassed active members of the military and their families.

The investigation led to the filing of criminal charges against Stephanie Lowinger of Anderson Place […]

Third-Party Debt Collectors’ Burden of Proof When Sued for Credit Card Debt

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If you’re sued for credit card debt by someone else other than the original creditor, that “third-party debt collector” has an extra burden to prove in court in order to win. A third-party debt collector, properly referred to an “assignee,” is typically a debt-collection firm that buys accounts that are in default from creditors. They […]

If You Loan Someone Money, It May Be Considered a Gift Unless the Terms of the Loan Are in Writing

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In the matter of NES Energy Inc. v Mazzarro, Suffolk County Ct, Oct. 21, 2010, Tarantino, J., index No. 32340/06 (2010 NY Slip Op 51910 [U]), the plaintiff sued the defendants for non-payment of two unsecured personal loans that it made to the defendants.  The defendants argued that since there was no written agreement for […]

Lawsuit Over Process Server Fraud Seeks to Vacate 100,000 Credit Card Lawsuits

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If you have any experience with the debt collection industry or credit card lawsuits, you’ve heard the term “gutter service.” It is a term used to describe a scenario in which a process server, who is supposed to serve a defendant with a summons and complaint in accordance with the Civil Practice Law and Rules, […]

When Credit Card Lawsuits Go Bad – Debt Lawyer Sanctioned for Pursuing Invalid Credit Card Debt

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In the matter of Erin Servs. Co., LLC v Bohnet, 2010 NY Slip Op 50327(U), a Nassau County District Court case, the tables turned on a debt collection company pursuing a credit card debt against a defaulting debtor. This assigned credit card debt lawsuit commenced in 2004, and resulted in a default judgment against the […]