Jesse Dennis Langel’s Answers

Jesse Dennis Langel

New York Debt Collection Attorney.

Contributor Level 3
  1. Is possible to enforce/collect on a debt a cash strapped business owes to me without a court order?

    Answered 4 months ago.

    1. Jesse Dennis Langel
    2. Russell Warren Dombrow
    3. Steven Warren Smollens
    4. Richard Glenn Elie
    5. Amos Weinberg
    5 lawyer answers

    The below link is a complaint you may file with the Labor Bureau of the Office of the Attorney General. This process may scare the employer to the table. Also below is a link on how to start a case in City Civil Court (other than small claims) where you can start a case for $40 pro se.

    4 lawyers agreed with this answer

  2. Is it legal to send a demand/collection letter electronically via email

    Answered 4 months ago.

    1. Mildred N. Phillips
    2. Jesse Dennis Langel
    3. Christian K. Lassen II
    4. Peter N Munsing
    5. A David Fuster II
    5 lawyer answers

    You've got the evidence for an unauthorized third-party communication FDCPA 1692(c)a(3). Link below. There was no purpose to cc your employer other than to embarrass you to compel payment (exceptions apply if the collector is trying to enforce a judgment but that does not look like it applies). Demand damages from the collector citing this statute (make sure you demand cessation of all communications). You further have the option of walking down to small claims court and starting a small...

    2 lawyers agreed with this answer

  3. How do i get out of a debt collection agency suite

    Answered 4 months ago.

    1. Eric Edward Rothstein
    2. Steven Warren Smollens
    3. Jesse Dennis Langel
    4. Bruce Ward Bain
    4 lawyer answers

    Make sure you preserve your right to seek dismissal within 60 days of answering or appearing in the case. Citation to law below (CPLR § 3211). If you don't, you'll lose the right to claim lack of service. Also, you have a potential venue violation under the FDCPA if a "debt collector" sued you for a "consumer debt." (link also below). Given these two issues, I would recommend consulting an attorney.

    1 lawyer agreed with this answer

  4. Can a Judgment be enforced/entered if matter was decided in one's favor but adversary gets a stay pending appeal

    Answered 4 months ago.

    1. Ingrid Gherman
    2. Eric Edward Rothstein
    3. Anthony J. Pietrafesa
    4. Jesse Dennis Langel
    4 lawyer answers

    I just wrote a blog (below) about seeking a relief, or a "stay" from judgment enforcement pending appeal. The losing party must post a bond to obtain such relief. New York CPLR § 5204.

    1 lawyer agreed with this answer

  5. I am being sued for credit card debt and am broke. No job, homeless, and waiting on hearing back from disability to see if

    Answered 4 months ago.

    1. Bruce Ward Bain
    2. Matthew Scott Berkus
    3. Jesse Dennis Langel
    3 lawyer answers

    I commiserate with your situation. Good luck going forward. Most states don't impose court costs on the losing party. Furthermore, find out what the statutory minimum is for exempt money in bank accounts. If you use a bank account, my concern would be losing access to that should the other side restrain (freeze) after the collector obtain a judgment. It is a pain getting the account released if the account is frozen. I would check other sources to confirm both general points. Happy holidays!!!!

    2 lawyers agreed with this answer

  6. Why has my bank account been frozen?

    Answered 4 months ago.

    1. Russell Warren Dombrow
    2. Dana Whitney Atchley
    3. Anthony J. Pietrafesa
    4. Jesse Dennis Langel
    4 lawyer answers

    It sounds like the collection lawyer obtained its judgment and has served a NY bank branch that is honoring that restraining notice (unless, like my colleague pointed out, the collection lawyer "domesticated" it in NY). I rarely see collectors domesticate judgments from other states in consumer actions because the cost outweighs the benefit. Use the below case decided this month that upholds the "separate entity rule" that provides that banks may not freeze a consumer's account without the...

  7. Can a debt collector report your information to a credit bureau and take you to small claims court?

    Answered 4 months ago.

    1. Anthony J. Pietrafesa
    2. Jesse Dennis Langel
    3. Blake Owen Brewer
    4. Dorothy G Bunce
    4 lawyer answers

    Something sounds fishy to me. Debt collectors don't usually sue in "small claims court." They commence small cases in the city civil court (in your case, probably Civil Court, Kings County on 141 Livingston Street). Definitely dispute this debt in writing by certified or other trackable mail. If they mark your credit report without validating your dispute, the collector may be violating the Fair Debt Collection Practices Act ("FDCPA"). They may already be in violation of that statute for...

  8. I am being sued by Pressler

    Answered over 2 years ago.

    1. Robert A. Stumpf
    2. Yefim Rubinov
    3. Jesse Dennis Langel
    4. Pablo Esteban Bustos
    4 lawyer answers

    Advice as to settling, and for any specific amount, should depend on the circumstances of your matter. Each case deserves a detailed look at the procedural status of the matter, the parties involved, and your likelihood of defeating the claim raising sound legal defenses. Never forget about demanding the evidence used against you -- you may discover that such evidence falls short of proving anything against you.