Consumer Credit Transactions

Living within one’s means is not “in style”. Unfortunately for many, this has resulted in an increase of accumulated debt. Consumer debt has been steadily rising, with a recent estimate at over $15,000 per household. Combined with other financial obligations, such as mortgages and car loans, this is more than many debtors can handle. Still, they continue to spend without considering the consequences, leaving creditors no option but to cancel accounts and pursue collection options, often with the assistance of a debt collection lawyer. At The Nathanson Law Firm LLP, our New York consumer credit transaction attorneys know how to find debtors, locate assets, and pursue collection to the satisfaction of our clients.

We use the most modern, cutting-edge software available, as well as other tools designed to help our consumer credit transaction clients in their debt collection efforts. These include online investigation resources that may be of great assistance in locating debtors and their assets in New York. Since many debtors reside or work in New York or have assets located in this state, our attorneys and staff are accustomed to working with creditors across the country in optimizing efforts to collect money owed, due to consumer credit transactions. (We also help creditors domesticate and enforce foreign judgments from sister states.)

The federal government regulates the collection of consumer credit transaction debts through the Fair Debt Collection Practices Act (FDCPA). While some may argue that the FDCPA puts an unfair burden on creditors that are just trying to collect what they are owed, the fact is that there have been some disreputable debt collectors that used fear tactics, harassment, and threats to intimidate debtors, sometimes in the absence of verification of the debt. Because of those who utilized “false, deceptive, or misleading representations” that the FDCPA seeks to discourage, everyone must deal with the consequences of heavy federal regulation in this area of the law. The consumer credit transaction lawyers at our New York firm recognize that the penalties for a violation of the FDCPA may be substantial. Thus, we understand the importance of complying with the FDCPA in all collection efforts, and we do not risk any exposure to liability for our clients or ourselves.

Debtors must be on notice that the collection of consumer credit transaction debt as governed by the New York Debtor and Creditor Law precludes benefitting from any fraudulent transfers or conveyances. This statutory framework provides relief to creditors in some situations, such as when a debtor has put their property in someone else’s name to elude collection efforts. In such a case, the creditor has the right to ask that any conveyance made with the intent of defrauding the creditor be voided by a court of competent jurisdiction. We can help assert your rights under this law to facilitate the efficient collection of a debt, as we have successfully rescinded such transfers of real property on behalf of our clients in the past. Of course, past performance is not an assurance of future results.

If you are looking for a New York law firm to help with the collection of consumer credit transaction debt owed to your business, we will be glad to discuss the many ways in which we can assist you. For example, we may be able to positively:

• Verify a debtor’s residence, property ownership, and employment;
• Locate a debtor’s real estate, personal property, bank accounts, or other assets;
• Litigate a debt collection matter on a delinquent account; and
• Help enforce a judgment, including via wage garnishment, income execution, bank account levy, or other type of execution as appropriate.

Based in Lynbrook, on Long Island, our New York consumer credit transaction lawyers offer several payment options, including a contingency fee billing option, whereby if funds are not collected, no payment is required. Many clients prefer this option, knowing that we will not waste our time or yours if we do not believe that a reasonable recovery may be made in a particular case, and no fee is earned unless we succeed. Call us at 516-568-0000 or contact us online to set up an appointment with a creditors’ rights lawyer and see how our straight-shooting, no-nonsense approach can help streamline your collection efforts and maximize your bottom line.