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Jesse Dennis Langel

Jesse Langel’s Answers

8 total

  • Is possible to enforce/collect on a debt a cash strapped business owes to me without a court order?

    I am owed money for labor services rendered to a cash strapped business which has not disputed the amount owed, but simply declined to pay due to their financial hardship. The amount owed vastly exceeds smalls claims eligibility. I am concerned ab...

    Jesse’s Answer

    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.

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  • How do i get out of a debt collection agency suite

    I was sued by a collection agency. There award was overturned and now we have a bench trial coming soon. They never got in touch with me and asked me how I would like to remedy the situation. They just sued me. They said they served someone at an ...

    Jesse’s Answer

    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.

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

    approved. In tennessee. My question is my court date is Jan 4 2015 and no matter what the outcome if I am sapposed to pay court costs and dont have money what will happen to me?

    Jesse’s Answer

    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!!!!

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

    to the person who owes you money and put in Cc the employer's person encouraging the person to ask his employer for help if the employer's email is actually public and published on a website online?

    Jesse’s Answer

    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 claims case if you don't want to engage a lawyer to prosecute that case. Good luck!

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  • Why has my bank account been frozen?

    My checking account was frozen (BofA) yesterday due to a garnishment from a creditor (Ford Motor Credit) in Maryland. I had $187.02 in my account, well below the EIPA figure of $1,920. Still, BofA's legal department is refusing to unfreeze the acc...

    Jesse’s Answer

    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 restraining notice having been served on the actual branch (and for that to happen, the judgment must be domesticated if the bank is outside the jurisdiction of the original judgment entry). Also, exchange your Exemption Claim Form on the lawyers and on the bank to preserve your rights under CPLR § 5222-A. See my below blog on that explains the process.

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

    Supreme Court ruled in favor, of prior action, that affirms a judgment. Adversary files a Notice of Appeal, and is looking to get a stay pending appeal. What happens here at this level if a judgment has already been entered before other si...

    Jesse’s Answer

    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.

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

    They sent 30 day-warning that they would report me to credit bureau, and 10-day warning that they would file small claims. Can they do both??

    Jesse’s Answer

    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 potentially misrepresenting the courthouse or threatening legal action without the intention for actually take that action.

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  • I am being sued by Pressler

    I need help to settle a debt amount.

    Jesse’s Answer

    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.

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