Don’t Count on a Default Judgment to Win Your Debt Collection Case

Chart showing the increase in debt collection cases versus default judgments.
Image via the Wall Street Journal.

If you are counting on the fact your debtor won’t show and you will win your New York Debt collection case on a default judgment, don’t. The number of default judgments awarded in New York debt collection cases is declining.

Based on statistics reported in the Wall Street Journal, the number of New York City debt filings has more than doubled based on figures reported in 2018. The last time filings were this high was 2012. While the number of debt collection suits are increasing, the number of default judgments are not rising in proportion. Bottom line, more New York debt collection filings are being defended.

You need to think ahead and make sure you are represented by competent counsel. You should not expect to win your debt collection case by default because the debtor does not show up to contest the case. An attorney who understands the nuances of debt collection will be able to bring the disputed case to judgment.

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How to Protect Yourself From Debt Collection Scams

Signs reading "scam" to show the startling nature of debt collection scams.Unfortunately, debt collection scams are becoming more commonplace. Any imposter can try to collect a debt that might not be due. Some scammers are even targeting debt collection attorneys. How can you tell if you received a call or letter from a real debt collector?

The New York State Society of Certified Public Accountants (NYSSCPA) recently warned of taxpayers receiving debt collection scam letters from the Internal Revenue Service. All too often these letters claim to be from the so-called “Bureau of Tax Enforcement,” when in fact there is no such agency. Others claim a warrant has been issued to confuse and trick unsuspecting taxpayers into handing over their hard-earned cash, tax return, or even their cryptocurrency.

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Frank, Frank, Goldstein & Nager, P.C. Welcomes Jared P. Turman

Photo of Jared TurmanFrank, Frank, Goldstein & Nager, P.C. welcomes Jared P. Turman to the firm.

Jared has been working as of counsel with FFGN for three years and knows many of the firm’s clients. He has achieved great results on cases within both New York and New Jersey. With Jared on board, we look forward to an increased return on investment for our clients.

Jared has worked as an attorney for over ten years and has litigated collection cases throughout. Admitted in both New York and New Jersey, Jared has collected consumer and commercial debt for clients in both states, including medical practices, food distributors, and check cashing institutions — where he has expertise in all aspects of commercial paper law under the Uniform Commercial Code.

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CFPB Proposes Changes to Fair Debt Collection Practices Act

A red wallet with money spilling out as the main image on an article about the Fair Debt Collection Practices ActNews is abuzz about changes to how “debt collectors” can contact consumers to collect debts. Texts, emails, voice messages and more are part of the changes to the Fair Debt Collection Practices Act proposed by the Consumer Financial Protection Bureau.

Federal and local state statutes regulate consumer debt collection. You should be aware of what the proposed changes are, even if you are a B2B company that doesn’t do business with consumers, as it may affect your company or you, individually.

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