You’re Not Alone: How to Navigate Credit Card Debt

in New York and Find Your Path to Financial Freedom


If you’re struggling with credit card debt in New York, it can feel like you’re trapped in a cycle that never ends. But take heart—you are not alone. Thousands of New Yorkers are facing the same challenge, and there are concrete steps you can take to regain control of your finances. With rising interest rates, inflation, and the high cost of living in New York City, credit card debt is more burdensome than ever. In fact, credit card debt in the U.S. reached record levels in 2024, with millions of Americans, including many in New York, finding it increasingly difficult to make ends meet. But despite the financial strain, there are resources and legal protections to help you find a way out.


The State of Credit Card Debt in New York


In 2024, many New Yorkers were and still are grappling with mounting credit card debt. Rising interest rates—sometimes exceeding 20%—have made it even harder to pay down balances, and this is compounded by New York’s high cost of living. Whether you're living in Manhattan, Brooklyn, or upstate, credit card debt can quickly spiral out of control, making it feel like there’s no way out.


New York State has its own set of financial realities that you need to navigate. For example, if you're in Manhattan, where the cost of rent and basic necessities is sky-high, it’s easy for debt to accumulate faster than your income can keep up. And in upstate New York, where wages tend to be lower, even small credit card balances can become overwhelming. But no matter where you live in the state, you're not alone—New York's consumer debt issues are widespread, and there are ways to get help.


What You Can Do Now: Take Action Before Facing a Lawsuit


If you're behind on your credit card payments and worried about a lawsuit, don't panic. New York law offers several protections and resources that can help you get back on track. Here’s what you can do before things escalate:


1. Prioritize Your Debts


Take a close look at your debts. Start by prioritizing your credit card balances that carry the highest interest rates or that are in danger of turning into legal actions. In New York, unpaid credit card debt can lead to collections and even lawsuits, so addressing the most urgent balances first can help you avoid further damage to your financial health.


For example, if you owe money to a New York-based credit card company, they may file a lawsuit in a local civil court if your debt remains unpaid for long enough. Once the lawsuit is filed, you may face wage garnishment or even the seizure of your property. Prioritize the accounts that have the potential for the most serious legal consequences.


2. Contact Your Creditors


Before your credit card companies decide to take you to court, contact them. In New York, many creditors will work with you to establish a payment plan, reduce interest rates, or even offer temporary relief. Simply calling them to discuss your situation can often prevent collection calls and buy you some time to get your finances in order.


If you are having trouble with a specific creditor, you can file a complaint with the New York Department of Financial Services (NYDFS), which regulates financial institutions operating in the state. They may be able to assist in resolving disputes or negotiating better terms for you.


3. Seek Non-Profit Credit Counseling


Consider contacting a non-profit credit counseling service. These agencies can help you assess your financial situation and develop a Debt Management Plan (DMP). With a DMP, you may be able to consolidate your payments and reduce your interest rates—helping you pay off your debt faster and more affordably.


There are several reputable non-profit organizations in New York, such as The National Foundation for Credit Counseling (NFCC) and Money Management International (MMI), which provide free or low-cost services to New Yorkers in financial distress.


4. Consider Debt Settlement


If you’re already behind and facing legal threats, you may want to explore debt settlement. This involves negotiating directly with creditors to pay less than what you owe, typically in a lump sum or through a structured payment plan. While debt settlement can be an effective way to reduce your debt, it’s important to understand that it may affect your credit score, and creditors are not always willing to negotiate.


In New York, if you're dealing with multiple creditors and mounting debt, a debt settlement attorney familiar with New York state law can help negotiate a settlement on your behalf. They can also help you navigate the legal system if you're facing a lawsuit.


What to Do If You’ve Been Sued


If you’ve already been served with a lawsuit, it’s crucial to act quickly to protect your rights. In New York, failure to respond to a lawsuit within the prescribed timeframe can lead to a default judgment. This means you could lose your case automatically, resulting in wage garnishment, bank account levies, or the seizure of your property.

Here’s how to proceed if you've been sued:


1. Review the Documents Carefully


When you receive a lawsuit, carefully read the summons and complaint. Make sure that the creditor is legitimate and that they have provided all necessary documentation to back up their claim. Under New York law, creditors must provide clear proof of the debt in court. If they cannot prove that you owe the debt, the case may be dismissed.


2. Respond on Time


In New York, you have 20 days from the date of service to file an answer to the lawsuit with the court. If you fail to respond within this period, the court may issue a default judgment, which can result in serious financial consequences. If you’re unsure how to respond, it's crucial to consult with a qualified attorney.


3. Don't Wait - Get Legal Help Today


Contact a credit card defense attorney immediately if you’ve been sued. A lawyer who specializes in New York debt law can help you understand your options, including filing an answer to the lawsuit, negotiating a settlement, or defending against the claim. Experienced attorneys can also help you identify any mistakes made by the creditor in the lawsuit, which could result in the case being dismissed.


We’re Here to Help on Your Path to Financial Freedom


At The Credit Card Defense Center of New York, we understand that dealing with credit card debt in New York can feel like a heavy burden. But you don’t have to face this alone. Whether you’ve already been sued or are just worried about mounting debt, we can help. Our team of experienced New York credit card defense attorneys offers free consultations to assess your situation and provide personalized advice.


We’ve helped countless New Yorkers protect their assets, negotiate settlements, and defend against lawsuits. With the right strategy, it’s possible to reduce your debt, protect your rights, and start over with a fresh financial outlook.


Take the First Step Toward Financial Freedom Today


Remember, you can regain control of your financial future. The key is taking action now. Whether that means negotiating with your creditors, seeking credit counseling, or getting legal assistance to fight a lawsuit, we are here to guide you every step of the way.


If you’re struggling with credit card debt in New York or have already been sued, contact us today for your no-obligation consultation. We’ll listen to your unique situation, offer you honest advice, and help you find a path to financial freedom.


The Credit Card Defense Center of New York

Phone: 212-591-0400


Email: info@creditcarddefensecenter.com


Don’t wait—reach out now to get started on your journey toward a debt-free future.


Debt collection letters being sent to consumers amid rising credit lawsuits in New York
By Jerry Lee, Esq. April 27, 2025
How Inflation and Rising Interest Rates Are Affecting Consumer Credit Lawsuits in New York.
By Pat Hollis Credit Specialist March 25, 2025
How Creditors Enforce Judgments: S uffered a judgment for unpaid credit card debt in New York State ? Well, understanding how your creditor may enforce that judgment is critical to protecting your assets and rights going forward. ( Yes! You still have rights .) At the Credit Card Defense Center, our experienced debt defense lawyers and debt settlement lawyers are here to help you navigate these challenges, protect your rights, and explore options to vacate judgments or settle your debts. Judgment Creditors and Collection Tactics When a court rules against you in a credit card lawsuit, your creditor can ask the Clerk of the Court to enter a judgment on behalf of your creditor. Once the judgment is entered, your creditor becomes what is known as the "judgment creditor," granting that creditor powerful tools to collect the debt against you. (And now you are known as the "judgment debtor.") These tools, which can now be used by the judgment creditor against you, can include wage garnishments, property liens, and even property levies. Each of these methods can significantly impact your financial stability, but you don’t have to face them alone. The attorneys associated with the Credit Card Defense Center can help you deal with the judgment entered against you. Wage Garnishments One of the most common and frustrating collection methods, wage garnishment, allows creditors to take up to 25% of your net pay—or more for certain debts like child support or taxes. However, there are limits to what creditors can garnish, and some states offer greater protections for debtors. If your wages are being garnished, a debt defense lawyerfrom the Credit Card Defense Center can help you object to the garnishment and explore alternatives to protect your income. Levies and Property Liens Judgment creditors may also place liens on your real or personal property, making it difficult to sell or refinance until the debt is paid. In New York State, if a judgment has been entered against you in the Supreme Court of the State of New York and in any county in the state, that judgment automatically becomes a lien on your real property in that county. With the mere filing of the judgment document in other New York counties where you may also own property, the lien will attach to that property as well. In all other (lower) courts in New York State, additional steps must be taken by the judgment creditor to place a lien on your real property. However, these steps are inexpensive and easy to complete. Therefore, if you have a judgment against you, it is likely that your real property will end up burdened with a lien. With such a lien, your property cannot be refinanced or sold until the lien is satisfied in full. In some cases, the judgment creditor can even execute the lien by seizing and selling your property, especially if you have no other superseding liens on the property. Be aware that your real property is particularly attractive to creditors if you have already paid off your mortgage. However, note that mistakes in filing liens or levies can make them unenforceable. Our attorneys can review the creditor's actions and challenge improperly filed liens to safeguard your assets. Bank Account Levies Creditors can also target your bank accounts in New York State by filing a restraining notice against your bank and then sending an execution to a local enforcement office, such as a county sheriff or city marshal. These officers will approach your bank and extract money from your account, resulting in non-exempt funds being frozen or seized. If you're facing a bank levy, our Credit Card Defense Center legal team can help you fight back and recover your funds, restoring your financial freedom. Defend Your Rights and Vacate Judgments It’s also important to know that many judgments are based on improper service or incomplete documentation. At the Credit Card Defense Center, our attorneys specialize in helping clients vacate judgments and challenge aggressive collection tactics. Whether you're dealing with credit card debt, a disputed amount, or an outdated lien, we can help you build a strong defense. Avoid Unconscionable Collection Practices Judgment creditors often overreach, seeking more than what you're legally required to pay. Our debt settlement lawyerswill negotiate on your behalf to resolve your credit card debt for less than the full amount or challenge collection practices that violate your rights. Available Protections for You Every state, including New York, has property exemptions that shield certain assets, like your home, car, and essential belongings, from creditors. Understanding these protections is essential to defending your rights. At the Credit Card Defense Center, we’ll help you safeguard your assets while working toward a resolution for your debt. Take Control of Your Debt Today Although facing a credit card lawsuit or judgment can feel overwhelming and daunting, you’re not alone. Our team of debt defense lawyers is dedicated to helping individuals like you navigate the complexities of debt collection, protect your assets, and find the best path forward. Contact the Credit Card Defense Center today to discuss your case. Whether you need to vacate a judgment, challenge unfair collection practices, or explore debt settlement options, we're here to help you take control of your financial future. Protect Yourself with Experienced Attorneys from the Credit Card Defense Center 212-591-0400
By Credit Card Defense Center December 31, 2024
These Companies Help Employees With Student Loan Debt: Disclaime r: This information is provided for educational purposes only and should not be relied upon without further research. Policies and programs may change due to evolving laws and corporate practices. Always verify details with the respective company before making any decisions. Many prominent companies now offer student loan repayment assistance as part of their employee benefits. Below are 25 examples of employers providing this valuable support: 1. 23andMe • Offers $2,300 annually in tuition reimbursement. • Provides monthly contributions toward student loan payments. 2. Aetna (CVS Health) • Full-time employees can receive $2,000 annually, with a lifetime cap of $10,000 for student loan assistance. • Offers tuition reimbursement and refinancing assistance. 3. Ally Financial • Provides $100 per month in student loan repayment assistance, up to a $10,000 lifetime maximum. • Includes tuition reimbursement of up to $10,000 annually. 4. Andersen (Andersen Global) • Offers up to $12,000 in student loan repayment assistance. • Benefits available to employees working at least 20 hours per week. 5. Carhartt • Provides student loan repayment for employees or Parent PLUS loan holders. • Offers tuition reimbursement for education in “Carhartt career fields.” 6. Carvana • Collaborates with Gradifi to provide $1,000 toward employees’ student loans. 7. Chegg • Features the Equity for Education Program for student loan repayment assistance. • Offers tuition reimbursement for academic pursuits. 8. CommonBond • Provides student loan reimbursement as part of employee benefits. 9. Estée Lauder • Offers $100 per month toward student loans, with a lifetime cap of $10,000. • Provides reimbursement for tuition and academic materials. 10. Fidelity Investments • Employees can receive up to $15,000 in student loan repayment assistance. 11. Freddie Mac • Offers $9,000 in student loan repayment assistance for eligible employees. 12. Google • Provides up to $2,500 annually in student loan repayment support for full-time employees. 13. Guardian • Includes student loan repayment assistance in its benefits package. 14. Hulu • Offers $1,200 annually in student loan repayment assistance. 15. LiveNation • Provides $100 monthly payments, up to $6,000 lifetime, for student loan repayment. 16. National Grid • Employees can receive a lifetime maximum of $6,000 in student loan assistance. 17. New York Life • Provides $170 per month, up to $10,200, in student loan repayment assistance. 18. Nvidia • Offers $500 monthly, up to $30,000 total, for student loan repayment. 19. Peloton • Employees receive $100 per month toward student loans. 20. Penguin Random House • Provides $100 monthly, up to $9,000 lifetime, for student loan repayment. 21. PWC (PricewaterhouseCoopers) • Offers up to $1,200 annually, with a $10,000 lifetime cap, for student loan repayment. 22. Staples • Provides $100 monthly for up to 36 months for eligible employees. 23. SoFi • Offers up to $5,250 annually in tuition reimbursement and student loan repayment support, with a $25,000 lifetime cap. 24. Sotheby’s • Provides $150 monthly or $1,800 annually for student loan repayment assistance. 25. U.S. Government • Federal employees may qualify for up to $60,000 in student loan repayment assistance, subject to program requirements. Key Considerations About Student Loan Repayment Benefits Before pursuing a role with student loan repayment benefits, consider the following: • Eligibility requirements: Are these benefits limited to full-time employees or available to part-time workers? • Lifetime caps: What is the maximum amount you can receive? • Tax implications: Contributions up to $5,250 annually may be tax-free under the CARES Act (until 2025). Public Service Loan Forgiveness (PSLF) Even if your employer doesn’t offer loan repayment benefits, you may qualify for forgiveness through PSLF if you work full-time for a government agency or nonprofit. This program forgives federal student loans after 120 qualifying payments. Private Student Loans Not all repayment assistance programs include private loans. Check with your HR department or loan servicer to explore options such as refinancing or alternative repayment plans. By exploring these options, you can better navigate your student loan repayment journey.
Person sitting at a desk engaged in identity theft and fraud, highlighting the risk of data theft.
By Jerry Lee December 24, 2024
How to Remove Your Information from People Search Sites: A Step-by-Step Guide If you're concerned about your privacy and want to remove your personal information from people search websites, you can take proactive steps to do so. While the process can be time-consuming and sometimes complicated, it's possible to either manually request removal or use services that monitor these sites for you. Below is a detailed guide on how to go about it. What Are People Search Sites? People search websites (also known as people finder sites) aggregate and sell data about individuals, such as your: Name, age, and date of birth Marital status and family information Address and phone number Employment history Criminal record These sites collect data from public records, social media, and other data brokers, and often display this information freely or offer paid reports with more detailed information. Examples of such sites include BeenVerified, Spokeo, Intelius, and Whitepages, among many others. While there are legitimate uses for people search sites (such as reconnecting with an old friend or conducting a background check), they also pose significant privacy risks. Hackers, stalkers, and identity thieves can exploit this publicly available data to target victims. How to Remove Your Information from People Search Sites Removing your information from people search websites can be a challenging and time-consuming task, but it is possible. You can either take a DIY approach or use paid services that handle the removal process for you. Here’s a step-by-step guide for doing it yourself. 1. Search for Your Name Start by searching your name on popular search engines to identify which search sites have your information listed. This will give you a list of sites to target. For a thorough search, consider using incognito mode in your browser to avoid personalized search results. 2. Check Major People Search Websites Next, search for your information on major people search sites. Common sites include: BeenVerified FamilyTreeNow FastPeopleSearch Instant Checkmate Intelius PeekYou PeopleFinders Pipl Spokeo TruthFinder Whitepages Some sites may require you to pay to access full details, but this isn’t necessary if you only want to confirm that they have your information before proceeding with an opt-out request. For a more exhaustive list of data brokers, check resources like: The Privacy Rights Clearinghouse list of data brokers Yael Grauer's Big Ass Data Broker Opt-Out List Big Ass Data Broker Opt-Out List The New York Times' Guide to Doxxing Yourself on the Internet Doxxing Yourself Guide 3. Submit Opt-Out or Deletion Requests Once you've identified where your information is listed, visit each website and look for an opt-out or removal request form. You may need to search for terms like “remove,” “delete,” or “opt-out” alongside the name of the website. Keep in mind the following tips: Create a dedicated email account: People search sites may ask for an email address to verify your identity or send opt-out confirmations. Using a new email will help you stay organized and prevent spam. Multiple sites under one umbrella: Some companies own several people search sites. For example, PeopleConnect operates Intelius, Instant Checkmate, Truthfinder, and US Search. Using the PeopleConnect Suppression Center allows you to remove your data from all these sites at once. Submit multiple requests: You may need to submit requests for multiple pages or profiles, especially if variations of your name (e.g., typos or middle initials) appear. Important note: Removal requests may not always be successful. While companies may delete or suppress your information from their search results, they might still retain it in their databases, especially if the data comes from public records. 4. Wait for Confirmation It can take several days or longer for people search sites to process your request. Once your information is removed, it should no longer appear in public search results. To verify, search for your name on the site again after a week or two, using incognito mode to simulate what others will see. 5. Monitor for Future Listings Since people search sites constantly update their databases, it’s important to check periodically to ensure your information hasn’t been added back. Additionally, new sites may emerge over time. Set reminders to check back every few months. How to Protect Your Identity Going Forward Removing your information from people search sites is just one step in protecting your privacy. Here are other ways to reduce your digital footprint and protect your identity: Limit what you share online: Avoid posting sensitive information on social media and consider tightening the privacy settings on your accounts. For example, Facebook allows you to restrict who can see your posts. Delete unused accounts: Go through old online accounts you no longer use and delete them. This reduces the amount of personal information floating around online. Use privacy monitoring tools: Consider services like Experian's Personal Privacy Scan. They offer one-time scans to check if your information appears on people search sites. If you're a paid Experian member, you can also receive ongoing monitoring and assistance with removal requests. Sign up for identity theft protection: Services like Experian IdentityWorks or LifeLock monitor your personal information across databases, alert you to suspicious activity, and help protect your credit. Some services also include recovery assistance if your identity is stolen. State-level protections: If you are at risk of stalking or domestic violence, check for address confidentiality programs in your state. These programs allow you to substitute your address with a confidential one for certain public records, helping protect your safety. The Bottom Line People search sites can expose a wealth of personal information, which can be exploited by criminals or individuals with malicious intent. While removing your data from these sites can be an ongoing task, taking proactive steps—whether manually or with the help of privacy tools—can greatly reduce your online exposure. For more detailed information about protecting your privacy online, consider exploring resources on doxxing prevention, identity theft protection, and reducing your digital footprint.
CFPB lawsuit against Zelle, Bank of America, JPMorgan Chase, and Wells Fargo for fraud.
By Rich Sweiger December 22, 2024
On December 20, 2024, the Consumer Financial Protection Bureau (CFPB) sued Zelle's operator and major banks, including Bank of America, JPMorgan Chase, and Wells Fargo, for failing to protect consumers from fraud. The lawsuit alleges that these banks, co-owners of Early Warning Services (which operates Zelle), were responsible for losses exceeding $870 million over the past seven years due to inadequate fraud prevention. The CFPB claims Zelle and the banks neglected to implement safeguards and failed to investigate consumer fraud complaints.
Being debt free. Debt free consumer. Debt free and happy.
By Jeff Beck December 15, 2024
In our latest post, we explore the implications of closing a zero-balance credit card and its effects on your credit score and financial health. Discover insights on credit utilization ratios, the importance of keeping accounts open, and when it may be wise to close a card. We’ll help you understand your credit history's role and outline steps to take if you choose to close a credit account. Plus, we address frequently asked questions to support your decision-making. Empower your financial journey with expert advice from the Credit Card Defense Center!
By Jerry Lee December 4, 2024
Five Quick Ways to Boost Your Credit Score Today! Improving your credit score doesn’t have to be a long, drawn-out process. By following these simple steps, you can make a noticeable impact on your credit score quickly—sometimes in just a few weeks. If you’re serious about repairing your credit, these tips will help set you on the right path. 1. Use Goodwill Letters to Remove Late Payments One of the quickest and easiest ways to improve your credit score is by addressing late payments. Start by reviewing your credit report and identifying any late payments within the last two years—especially from companies you still do business with (like a credit card issuer). Write a goodwill letter explaining why you were late and kindly ask them to remove the late payment from your record. Many creditors will agree to do this, especially if you can provide a reasonable explanation. It’s a simple, effective method to improve your credit score without much hassle. 2. Increase Your Credit Limits Another great way to raise your credit score is by increasing your available credit. Contact your credit card issuer and request a higher credit limit. A higher credit limit helps lower your credit utilization ratio, which is a key factor in your score. Many credit card companies will approve limit increases without checking your credit report, and they’ll report the new limit to the credit bureaus within 30 days. This could have a positive impact on your score right away! 3. Dispute Inaccurate or Outdated Negative Information Review your credit report for any inaccurate or outdated negative entries. If you notice any mistakes—such as accounts that aren’t yours or incorrectly reported late payments—dispute them with the credit bureaus. Pay special attention to the “date of last activity” for each negative entry. If these dates are incorrect or have been “re-aged” to appear more recent, it could hurt your score unnecessarily. Make sure this information is accurate across all three major credit bureaus (Equifax, Experian, and TransUnion). 4. Become an Authorized User on a Family Member's Account If you have a friend or family member with a strong credit history, ask them if you can be added as an authorized user on their account. This can boost your credit score by incorporating their positive credit history into your report. While credit scoring algorithms are becoming more sophisticated, this tactic is still effective for most people. Just ensure that the primary account holder has a good payment history and a low balance-to-limit ratio. 5. Create a Debt Payoff Plan If you’re carrying high credit card balances, the best thing you can do is work to pay them down. The closer your balances are to your credit limits, the more negatively it will affect your score. Start by paying off the cards with the highest interest rates or the highest balances. If possible, pay down at least 70-80% of the balance—this will significantly improve your credit utilization ratio and boost your score. If you’re struggling to come up with the funds, consider borrowing from a friend or family member, or transferring your balance to a lower-interest credit card. By following these simple steps, you can quickly raise your credit score and improve your overall financial health. These strategies are efficient and impactful, helping you focus on the actions that make the biggest difference. "FICO" Credit Scores Your FICO Score is the most widely used credit score by lenders and reflects your true creditworthiness. To get your official FICO Score, visit MyFico.com or Equifax. Keep in mind, other credit scores are just estimates and may not give you an accurate picture of your credit health. Credit Monitoring Credit monitoring is a service that tracks your credit report every day and alerts you to any new changes or activities, such as new accounts or late payments. Staying on top of your credit helps you catch issues early and ensures you can take action before they impact your score. Ready to take control of your credit and improve your financial future? Let us help you navigate the process of credit repair with professional guidance and support. Reach out today to learn how our services can help you build a better credit score and achieve your financial goals.
By Jerry Lee November 30, 2024
Got a default judgment against you ? We can hep in most circumstances. Read On... A default judgment is a serious legal issue that affects many consumers and businesses. It occurs when a plaintiff wins a civil case because the defendant fails to respond or appear within the required timeframe. Unfortunately, default judgments are all too common, and they can have devastating consequences, including wage garnishments, bank levies, and liens. How Default Judgments Happen Default judgments often arise due to improper or faulty service (ie: delivery ) of legal papers because, in many cases, process servers hired by debt collection law firms deliver the legal papers to the wrong address or even falsify their reports on the affidavit (ie: proff ) of service. As a result, you will never receive the lawsuit until it's too late, And, then, a judgment could very easily break entered without your knowledge. Ouch !! Sometimes our clients move without updating addresses with creditors. And if the debt collectors use outdated addresses, you might not get notice of a lawsuit and can lose by not showing up ti Court and a default judgment will be entered sgjunt you. Misunderstanding or ignoring a summons: Some individuals may receive legal notices but dismiss them as scams, not realizing the serious consequences of failing to respond. Creditors, including debt buyers like Midland Funding and LVNV Funding, as well as original creditors such as Bank of America and American Express, frequently seek default judgments. A troubling trend we've seen is the high rate of defaults in Merchant Cash Advance (MCA) cases. In these business debt cases, creditors often bypass traditional service requirements, sending notices by mail or email. Yet, many fail to ensure the correct addresses, which can lead to default judgments against businesses that were never properly served. Vacating a Default Judgment If you’ve had a default judgment entered against you, there are options to challenge and vacate it. Under New York's CPLR (Civil Practice Law and Rules), there are two key ways to have a judgment overturned: CPLR 5015: A default judgment can be vacated if you can show a reasonable excuse for not responding and present a meritorious defense. This motion must be made within one year of learning about the default judgment. Additionally, if service was improper (e.g., to the wrong address), the judgment may be voided. CPLR 317: This rule allows for the vacation of a judgment without a reasonable excuse, as long as a meritorious defense is asserted. It’s especially useful in Merchant Cash Advance cases where businesses are rarely served personally. However, the motion must be filed within one year of learning about the judgment, and within five years of its entry. While CPLR 317 can be very helpful, especially in MCA cases, the five-year cap means it may not apply to older judgments. Why Vacating a Default Judgment is Critical Vacating a default judgment can provide significant relief. It: Reopens your case: You can defend yourself and present your case on its merits, rather than losing by default. Stops enforcement actions: Any existing bank levies, liens, or wage garnishments will be lifted, preventing further financial hardship. Prevents further accrual of interest: Default judgments can result in interest accumulating on the debt, but vacating the judgment stops this process. Shifts the burden back to the creditor: Once the case is reopened, the burden of proving the debt shifts back to the plaintiff. If you’re deal with a default judgment right now, don’t wait for the situation to worsen. The Credit Card Defense Center of New York is here to help you understand your rights and explore your options for fighting back. Our experienced team specializes in credit card defense, debt collection cases, and vacating default judgments. Contact us today for a consultation and take the first step toward regaining control of your financial future. about the default judgment. Alternatively, under CPLR 317 a judgment can be vacated without having to show a reasonable excuse but only a meritorious defense instead if the defendant was not personally served. However, the motion must be made within one year after notice of the judgment and within a maximum of five years of the entry of the judgment. Although CPLR 317 is a fantastic rule for vacating Merchant Cash Advance default judgments due to the fact that they rarely ever try to personally serve businesses, the five-year cap prevents people and businesses with older judgments from using it. The meritorious defense needs only to be asserted and not proven although it does need to be legitimate. This is important so as not to become involved in a full hearing about meritorious defenses which should be done in litigation once the matter is re-opened.Vacating a default judgment is important because it re-opens the case and allows the defendant to defend themselves on the merits instead of losing on default. It is also important because it removes any bank levies, liens or garnishments that are in place or that could be brought. Finally, it stops judgment interest from accruing and brings the leverage back on to the side of the consumer or defendant and places the burden to prove the case back on to the plaintiff.
By Jerry Lee November 29, 2024
What Happens When You Dispute a Debt? If you dispute a debt in writing during the validation period, the debt collector must stop trying to collect the debt—or any part of it that's in dispute—until they provide verification of the debt. This means that once the debt collector receives your written dispute, they cannot continue collection efforts until they send you proof of the debt or a copy of a court judgment. To resume its collection, the debt collector must send you the verification (such as a copy of the judgment or other documentation) in writing or electronically. If they choose to send it electronically, they must follow the rules outlined in a law called the the E-SIGN Act, which sets guidelines for electronic communications. Ways to Dispute a Debt in Writing: You can dispute a debt in several ways, including: • Mailing a letter to the debt collector. • Sending an email or using an online portal, if the collector accepts electronic communication. • Delivering a dispute in person or via a courier service. Special Situations: By the way, if the consumer is deceased and has not disputed the debt, someone authorized to handle the deceased person's estate can dispute the debt on their behalf. Important Note: By the way, just because you don’t dispute a debt doesn’t mean you’ve admitted to owing it. Failing to dispute the debt doesn’t automatically mean you are legally responsible for it. See the law about this at 12 CFR 1006.38(d)(1).
Senior worried about credit card debt lawsuit in New York.
By Jerry Lee November 29, 2024
Seniors in debt do not have to worry about thier Social Security or pensions bin seized by he debt collectors in New YIrj beach this money is exempt.
More Posts