Debtor Litigation Defense Brooklyn

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Debt Collection Defense Lawyer For Law Suits Commenced by Creditors – Nassau & Suffolk Counties, Brooklyn 

Defending Debt Collection in Court – Debtor Litigation Defense allows a defendant to use procedure and the legal process of the court system to challenge alleged debt and to assert their legal rights.

• LITIGATION DEFENSE
• LITIGATION – ADDITIONAL TEXT OUTLINE
• KINDS OF LITIGATION –
• Business Debt Litigation
• Student Loan Debt Litigation
• Credit Card Debt Litigation
• Tax Debt Litigation
• Landlord-Tenant Litigation
• Foreclosure Defense Litigation
• Medical Debt Defense Litigation
• Credit Repair Litigation and Other Consumer Rights Litigation
• HOW WE CAN HELP WITH LITIGATION AND HOW TO GET STARTED –
• WHY USE OUR OFFICE FOR LITIGATION

Many of The Law Office of Ronald D. Weiss, P.C.’s clients face the possibility of litigation or collection activities from their creditors because they are accused of having debt that they are unable to pay or because they contest the existence, amount, or obligation of the debt. One option for a creditor facing contested litigation, particularly one involving sizable sums, is to prepare a defense. Our company can assist the customer in responding to the lawsuit’s summons and complaint. Within 20 to 30 days following the summons and complaint’s service, this must be completed. This response is just one of severalrecords that are typically submitted in support of a lawsuit defense. A response to a move for summary judgment and, if appropriate, a move to dismiss may be included in further filings. The client can raise any defenses they may have against the way the lawsuit was started by defending the legal action. A litigation defense also extends the case’s duration and notifies the client and our firm of its status. A client may occasionally have a compelling defense, which could lead to the dismissal of a lawsuit. Our office’s defenses focus on things like poor service, the existence and relevance of the said loan paperwork, the comprehensibility of the purported loan terms, the

suitability of the credit card fee schedule, interest rate, and loan amount. In order to assist with prospective defenses and to try and gather papers and/or information surrounding the alleged debt, our firm would frequently engage in discovery demands.
The customer can raise any defenses they may have regarding the way the collection action was started and/or the way the debt was prolonged by fighting the collection action process.
Foreclosure processes against our clients’ properties are another common experience. A particular type of lawsuit defense is foreclosure defense; for more information on how we may assist with

foreclosure defense

may be acquired by clicking this link.
Litigation defense is one tactic utilized by our office to refute allegations of financial obligations and/or to buy our clients time and leverage when negotiating with their creditors. Our office routinely defends its clients in court.

for a free appointment to go over your options for litigation defense in more detail.

I have a lot of needs regarding litigation and defense for any kind of situation other than foreclosure, such as credit card, taxes, real estate, student loans, business, medical, and personal guarantee cases, as well as personal injury and real estate cases.

DEBTOR-CREDITOR LITIGATION – IN GENERAL

Legal problems pertaining to debts and financial responsibilities that are not initially settled or compromised can be settled by arbitration, mediation, or litigation. The most common form of dispute resolution, litigation, is also the most adversarial. In a litigation, the parties attempt to persuade the fact finder (a judge or jury) that their side should win based on the evidence that has been presented, any applicable agreements between the parties (such as contracts, leases, and other written or oral understandings), and the applicable laws (statutory and case law) as they relate to the case. The contested proceeding is subject to civil procedure rules and court rules. WhenThe case proceeds more quickly when it is uncontested, the defendant defaults, and a default judgment is eventually entered. In a contested proceeding, the case proceeds more slowly and neither party is aware of the precise result until the fact finder renders a decision. As a result, when there is a lot of work, time, and money involved in a lawsuit, there is pressure to reach a settlement. Most lawsuits end in settlement because it becomes apparent what each side’s risks are after the first posturing by each party in the lawsuit. There is more urgency to reach a settlement when the debt issue concerns a comparatively lesser sum of money. The following procedures are followed in the event that the lawsuit is not resolved:

1. Pleadings -A “summons and complaint” stating the defendant’s alleged damages as well as the plaintiff’s initial causes of action must be served to the defendant by the plaintiff. Process can be served personally, at the defendant’s home or main place of business, or by “nail and mail” (affixing to the door). The defendant is required to respond to the complaint with a document known as a “answer” that includes denials and defenses to the charges within 20 to 30 days of the procedure being served. In addition, the defendant may file a counterclaim or retaliate against the plaintiff on the same or distinct charges. Because of the counterclaims, the plaintiff must also provide a written response. creported as a “reply to counterclaims”. If the defendant feels that the accusations, even if accurate, do not establish a cause of action, they may, in addition to responding to the complaint, move for dismissal.
2. Conferences – Most courts attempt to reconcile the parties in some capacity prior to the court’s proceedings in order to encourage resolution and potential settlement. During the conferences, the Court questions each party separately or jointly about pertinent aspects of the case, their positions, whether or not they have taken into account the opposing views, and whether or not they are willing to make concessions. Courts recognize that voluntary settlements are better because they are more beneficial to both parties and more effective; therefore, whenever possible, voluntary settlements should be encouraged.
3. Discovery –The process of getting documents and information from the other side in a dispute or from other parties who might be able to offer the essential information is known as discovery in a contentious situation. The following are the typical shapes that discovery takes: A) Demands for Documents (legal records, invoices, bank statements, tax returns, etc.); B) Interrogatories (questions seeking information pertinent to the case); C) Depositions (legal questioning of other parties to the dispute or other witnesses or individuals with knowledge about the case); D) Bill of Particulars (an attempt to clarify the accusations in full). In the event that the parties cannot agree on discovery, the move to compel discovery may be made by the party who believes the other side is deliberately withholding material, or by an attempt to halt discovery that the party seeking protection has filed. A plaintiff receiving a discovery demand may object to it for a number of grounds, such as lack of relevance, excessive breadth, undue burden, privileged nature of the material, and/or lack of control over the information.
4. Motion Practice –The matter proceeds to the motion practice phase if there are no material differences in the facts and both parties are debating, interpreting, evaluating, and forming conclusions regarding the bulk of the known and accepted facts. Generally, if the defendant responds, a move for summary judgment is made; if not, a move for default judgment is made. In a petition for summary judgment, the plaintiff argues that even if the defendant’s defense included all of the material the plaintiff believes it contains, the plaintiff would still prevail in their legal action. In a petition for a default judgment, the plaintiff argues that the defendant was served lawfully; nevertheless, because the defendant has not responded, the The plaintiff should be allowed to prevail. Moreover, the Court may be asked to reverse or reconsider a decision through motions to vacate an order, reargument, renew, request a stay until appeal, and/or request a new trial. There are many more kinds of motions, depending on the nature of the disagreement and the stances of the parties.
5. Trial and/or Evidentiary Hearing – When there is disagreement about the facts, the court must decide the facts through a trial and/or evidentiary hearing. Evidentiary hearings are held less frequently and are focused on a single factual issue. In a Traverse Hearing, for instance, the main concerns are whether the plaintiff has secured court jurisdiction over the defendant and how to serve process. A trial is more complex and frequently addresses several case-related problems.
6. Order to Show Cause – An Order to Show Cause is a type of expedited or emergency motion that is filed with the court with little notice. Its goal is to get the court to decide on a crucial issue quickly and/or to halt any impending actions while the court makes its decision. Typically, orders to show cause are issued to halt abruptly disastrous events, such as income garnishments, bank seizures, foreclosure sales, evictions, and other acts that could endanger the plaintiff.
7. Decision / Order – For better or worse, this is the Supreme Court’s (the court hearing the case) ruling. In cases where the court issues a long form order—a relatively brief declaration of its decision—and may provide further explanation in a longer short form order or in a longer decision.
8. Appeal – An adverse decision or order, whether it be an interlocutory or final ruling in the matter, may be appealed by the litigant. Within 30 days of the notice of entry for a decision, an appeal must be filed via a notice of appeal. A litigant tells the other parties and the court of their intention to file an appeal by serving a notice of appeal. Within six months of receiving the notice of appeal, the plaintiff must submit the real memorandum brief for the appeal, which is a complete and in-depth justification of the concerns.

DEBTOR-CREDITOR LITIGATION – DEFENSE

Our legal practice focuses on litigation defense since it is a useful instrument in achieving our clients’ overarching goal of debt relief. Clients can defend themselves against several types of collection actions by using litigation defense. Litigation defense is to cast doubt on and refute the creditor’s fundamental assumptions, which state that they have a right to collect debt because it is owed. We contest the terms of the agreement, who broke the agreement first, the interim invoices and other transactions, the underlying arrangements for the debt, and the procedures employed to collect the debt. Usually, the objectives of litigation are a negotiated settlement that benefits our client; occasionally, though, aA creditor’s error presents a chance for a suit for consumer law infractions or for another tactical benefit, such dismissal. A defendant’s approach is to focus more on the procedure than the content (i.e issues of service, notice, documentary issues, etc.). The alternative tactic is to refute all or most of the charges and require the plaintiff to provide evidence for each and every claim. The plaintiff will have to establish each and every element of their case because the defendant is not giving in; the objective is to gain time and leverage.and the element of surprise, as many creditors do not anticipate protest or resistance to their strategies. The benefit of litigation defense is that it could catch the creditor off guard. The drawback is that, in terms of long-term litigation, smaller disagreements with lower stakes are unfeasible due to the time, expense, and burden of litigation.

DEBTOR-CREDITOR LITIGATION – OFFENSE / PROSECUTION

We naturally side with the defendants because we identify them with the smaller party, which is typically a consumer, small business owner, or individual. However, in many cases, we can easily take the plaintiff’s side because, in the end, we are still practicing substantive law, which is to defend consumer rights and find solutions for individuals and small business owners who want to litigate their rights at a reasonable cost. When necessary, we can file lawsuits; these are typically filed in consumer credit difficulties, but there are numerous other circumstances in which we must take the lead. to settle a disagreement on behalf of our client, who needs to start legal action in order to get their case resolved. There is frequently a loophole in the creditor’s process in the debt collection domain where we could win if we take the matter to court. We are asked to draft the summons and complaint in Litigation Offense / Prosecution, as well as to arrange for its service and file affidavits of service with the court. After that, if a settlement cannot be reached through negotiation, we move forward with trying to win the case in court.

KINDS OF DEBTOR-CREDITOR LITIGATION –

Business Debt Litigation

When a corporation and its individual owner are sued together, several of these consumer defenses may apply to the owner personally. We frequently get asked to defend our clients’ rights in commercial disputes.

Student Loan Debt Litigation

Student loans can be broadly classified into two categories: (1) government-backed student loan programs (often administered by the federal government) known as “Government Loans”; and (2) student loans acquired from private sources. ( “Private Loans” ). When their government loans are fully utilized, most people who are taking out loans for their schooling search for private loans to cover the remaining balance. There are distinct approaches for each type of student loan debt because they are treated quite differently. Government loans are more accommodating. borrowers to sign up for income-based repayment plans, among other repayment arrangements; however, private loans are typically less forgiving. Nonetheless, private loans are exempt from the six-year statute of limitations in New York State, while government loans are. Therefore, private loans are more difficult to negotiate and typically need to be refinanced for better terms or, in the event that that is not possible, defended in court. In contrast, government loans are easier to deal with through negotiated payment plan schemes. Problems with private loans are frequently guarantees provided by the borrower’s parents or other family members; did they know about them, were they noticeable, notarized, and truly signed with an authentic signature? Does the lender suggest in its marketing materials that it helps customers in times of need? Are the non-payment reasons compassionate and maybe protected by any laws (e.g., health-related notice related)? Were the conditions and responsibility amounts clearly stated? Was the lender attempting to mediate a settlement through talks? When a debtor is unable to make payments, they may claim that the lender has been unjust in rejecting their request for payment relief plans, even while the defendant has shown There is an obvious need for restructured or postponed terms, and the lender appears to be willing to accept payment plans without establishing any uniform standards.

Credit Card Debt Litigation

The most common debt for which consumer debtors file for Chapter 7 bankruptcy relief is credit card debt. Nonetheless, there are numerous situations in which the debtor does not want Chapter 7 and/or it is not feasible, safe, or wanted in any other way. The next best option after bankruptcy is typically debt negotiation; however, discussions aren’t always successful in a vacuum, and it frequently helps to fight the debt in order to gain time and power during negotiations. Occasionally, legitimate concerns lead the debtor to assume that a purported obligation is inaccurate, not owed at all, or excessively declared and computed. Most credit card lawsuits are founded on the procedural and technical flaws that compromise the fundamental purpose of the collection attempt. When there isn’t a substantive dispute, the defendant’s principal objective is to force the lender to demonstrate that they have the authority to collect the debt. Significant technical problems frequently arise, such as a failure to serve the defendant by good personal, substitute, or “nail and service” at their residence, or a violation of the statute of limitations on debt when the collection action is filed more than six (6) years after the default. Other technological problems include requesting to view the actual signed credit card contract and contesting the purportedly signed paperwork and receipts. More significant problems are possible cases of fraud and/or identity theft in which the defendant is not aware of the charges made against them or in which the debt was incurred through an entity they are not aware of. This is particularly valid in cases where payments are made over the phone or online. Contesting the interest/penalty calculation is one of the alternative strategies. When creditors have cause to believe that their collection action may be deemed abusive and lacking in cause, one tactic is not only to defend the action but also, if appropriate, to counterclaim based among other things on the creditors’ possible violations of federal and New York State debt collection statutes, such as the Fair Debt Collection Practices Act. Ultimately, this approach is effective for larger credit amounts.card debt that is the subject of litigation, as this process requires time and money of its own. To keep expenses reasonable, credit card debt negotiation should be combined with the litigation for the lower level credit debt that we typically litigate. Since most defendants are unaware that there is a defense alternative, most creditors do not anticipate legal defense for credit card debt, regardless of the amount owed. Therefore, in the right circumstances and with the right facts, credit card debt litigation can be successful.

Tax Debt Litigation

Tax obligation When it comes to income tax debt, litigation is typically not the first choice. Instead, the debtor-tax payer will typically try to negotiate a settlement and/or payment plan with the taxing authorities, the Internal Revenue Service (“IRS”), or the New York Department of Taxation and Finance (“NYS”). However, litigation can be an alternative that forces the taxing authorities to reevaluate their strategies in the current case and realize that they might want to compromise, particularly when the tax case is well-organized by lawyers representing the taxpayer. When it comes to tax debt, the first thing to consider is if the relevant tax years have been submitted. If not, as happens frequently, tax transcripts must be acquired and used as the foundation for submitting tax returns, which are always preferable to being unfiled. The matter will typically start to clear up once the tax returns for the missing tax years are prepared and promptly submitted to the taxing authorities, where the tax authorities and/or the courts base their decisions on the amounts that the defendant has recently filed. returns which are relatively low. However, where the taxing authorities do not accept these numbers or where there are other problems, litigation may be necessary which can take place in several courts:

1) The U.S. Bankruptcy Court -Similar to the Tax Court below, a taxpayer with a disagreement may postpone payment without incurring penalties as long as their valid case is under litigation. The United States Bankruptcy Court has wide latitude in deciding matters such as who is liable, how much is liable, how the IRS collects debt, and whether certain defenses—such as innocent spouse and/or innocent officer—should be used. Most clients with tax debt also have other debts, and the Bankruptcy Court permits tax remedies in all tax cases, including Chapter 7, 11, and/or 13. Because the Bankruptcy Court does not inherently favor the Government’s position, it is seen as a debtor-friendly jurisdiction.

2) The U.S. Tax Court – The U.S. Tax Court, like to the U.S. Bankruptcy Court, provides taxpayers with the option to postpone payment until a court decision is made. In every other forum, the taxpayer must first file a lawsuit, pay, and only then may they request a return if they are successful. With 19 judges, the U.S. Tax Court is housed in Washington, D.C., but it also travels to different cities as certain judges choose to visit. In contrast to certain other courts, the U.S. Tax Court has specific jurisdiction to examine and hear tax cases exclusively. The The court is granted broad power to examine a wide range of tax-related matters, such as the existence and extent of the purported IRS liability, the tactics of collection employed, the compliance with the notice requirements, and the rationale behind the IRS’s rejection of an offer to compromise a different proposed resolution.

3) The U.S. District Court – Though it now serves as an appellate review court for bankruptcy court decisions, this court has universal jurisdiction over disputes in the United States legal system and hears cases at the outset of litigation. The U.S. District Court has advantages if a tax bill is not excessively large and can be paid in full or if it has already been paid; for example, because it is a federal court with more extensive jurisdiction, it may be more understanding of a taxpayer’s circumstances even if the taxpayer is technically mostly incorrect; alternatively

Our customers are not typically covered by this court, which is primarily used by big, multinational corporations.

There must be and are some safeguards in place because taxation authorities have the ability to act as a prosecutor, judge, and jury all wrapped into one when it comes to collecting debt. For this reason, when there is a disagreement with the taxing authorities, significant matters must be taken to court. There are numerous matters that can, and occasionally ought, be brought before the courts to involve the judgment of a third party. The courts above may rule on the following matters:

a) Liability for the Tax Debt ?- The first is whether the client’s diligent use of tax returns, transcripts, and other evidence of income—which, in the taxpayer’s opinion, demonstrate that the debt should be cancelled and/or significantly reduced—should result in the tax debt in the form and amount sought by the IRS?

b) Amount of Tax Debt? – The following query is: Are all of the claimed tax debt’s subcomponents owed in the amounts claimed?

c) Defense to the Tax Debt Obligation? -The next query is if any of the following defenses are applicable: innocent partner? Officer without fault? Are the alleged “employees” actually self-employed contractors? Were the costs incurred legitimate business costs rather than personal ones? and/or further possible defenses?

d) Deductions Apply?– Did some deductions apply to lower the amount owed on taxes? Some credits, deductions, and/or modifications that would lower the amount of taxes owed?

e) Any Setoff Apply? (Due to Past Losses Which are Possible Credits Towards Present Gains) – Should the taxpayer receive prior tax debt setoffs in spite of everything mentioned above in order to reduce the amount now owed?

f) Whether the Taxing Authority has Unfairly DenIed an Offer in Compromise and/or Other Payment Plan? Is it necessary to make a compromise offer given the taxpayer’s circumstances? Is the taxpayer entitled to a “uncollectible” status for a limited time? Is there a payment plan available to the taxpayer? What “partial payment installment payment plan” is the taxpayer eligible for?

g) Whether the Taxing Authority Should Exercise Discretionary Leniency– Was there a situation where specific conditions made a case for arbitrary leniency and the forgiveness of all or part of the debt? For example, theft, fire, accounting issues, illness, disaster recovery, and Covid-19 losses.

Landlord-Tenant Litigation

Establishing that the other party violated and/or that the other party violated first is the aim of landlord-tenant litigation. Smaller landlords as well as tenants are represented by our firm. Due to their vulnerability, both tenants and smaller landlords may find it difficult to fulfill their responsibilities if there are even slight changes in their financial situation. Litigation is crucial as a result. Litigation may be the sole means for a small landlord to resolve a financially burdensome issue. Litigation may be the sole means of survival for a tenant in the interim as they heal from a financial setback such as losing their job, going through a divorce, or experiencing other financial disruptions.

If a tenant has non-rental concerns with their landlord, the best course of action is to identify the landlord’s faults, remain in contact with them, and file a lawsuit against them. This is so because the landlord often drafts the lease, and in most cases, they expressly forbid rent deductions as a self-help measure and consider them to be a breach of the lease and a default (regardless of the basis for the deduction). If the renter is bringing legal action, they will try to demonstrate that the lease and the law have been broken and present themselves as the victim. In the event of success, the renter might owe money or many months’ worth of credit.and/or “free” rent, the landlord’s promises to address specific issues with the building or rental unit. However, if the tenant is defending—which happens much more frequently—they are typically also behind on their rent and must vigorously challenge the landlord’s claims and the legal process by filing a RESPONSE to the landlord’s PETITION, which functions as a response to a complaint. Tenant must dispute the premise of the asserted default, and make an effort to demonstrate that it hasn’t broken the lease. Tenant may contest service of the petition, notice to cure, and other procedures, if at all possible. Tenant claims may include an agreement that the landlord later changed his mind on, inadequate services that the landlord failed to provide as required by law or the terms of the lease, violations by the landlord, a lack of safety or security, problems with the provision and/or payment of utilities, necessary repairs, broken systems, and/or persistent nuisances that impair the use and habitability of the property.

Due to the larger concerns involved—namely, the coop resident’s ongoing right to occupy their unit—landlord-tenant proceedings are far more intense for COOP RESIDENTS with private leases. Conflicts involving co-ops boards are frequent because of the boards’ shifting methods and attitudes, which can make it unpredictable how rules will be applied, policies will be imposed, and/or how those rules and policies will be interpreted. In the event of a disagreement, the board frequently assesses the resident’s legal costs, which exacerbates hostilities and intensifies the conflict.

AS LANDLORD -It is important to document problems and to give tenants notices which serve two purposes: a) notices document that the event took place; and b) notices show that the tenant was given warning and an opportunity to correct the situation; c) notices show fairness, a lack of arbitrariness, abruptness, lack of bias or other malevolent motives. Besides rent arrears other matters may be cause for warnings and eventual lease termination, ie smoking, pets, drugs, loud music. Besides the informal notices discussed above, there are pre-eviction notices that need to be served 30, 60, or 90 days prior to start of the eviction depending on the amount of time the tenant was at the property. (See the Landlord Tenant Solutions section of this page for additional details). The Landlord may begin an eviction case by filing and serving all renters in violation and ensuring that all individual rentals are served after providing the necessary notices. In New York State, there is now an eviction moratorium that, barring any extensions by the legislature, ends on August 31, 2021. An eviction case cannot proceed until this moratorium is lifted unless it can be demonstrated that the tenant poses a risk to others or is a nuisance to others.

Foreclosure Defense Litigation

Foreclosure Defense is fighting a lawsuit filed by a mortgage holder to prevent real estate from being foreclosed upon after the mortgage loan defaults. A defendant or borrower must raise a foreclosure defense in order to prevent the mortgage holder from just obtaining a default judgment. This also provides the borrower with leverage and additional time to perhaps come up with other options to stop the foreclosure. jurisdiction (place of service, domicile), Notifications (90-day notice, 90-day affidavit, acceleration notice, default notice—was the d in default?), acceleration, and comprehensions of making up for lost timerobotic signatures, missing original documentation, improper standing, possession, predatory behavior, unaccounted payments, erroneous petition to extend time to respond to referee report, reargument/renewal, notice of appeal, stay pending appeal, appeal perfection, and repeated appeals. OSC to stop a foreclosure sale and to revoke a previous ruling that was issued due to default.

Medical Debt Defense Litigation

(new page required) – The majority of the information on this website now pertains to medical debt negotiation; however, we intend to discuss medical debt litigation here. Sections should be cross-referenced.

Who has medical debt? (family member logging in? if not covered, insured? patient without a signature, and if they did, were they able to provide consent?inadequate services, lack of sophisticated knowledge,

Credit Repair Litigation and Other Consumer Rights Litigation

Credit Repair Litigation (New Page Needed) – The majority of the information on this website now pertains to medical debt negotiation; however, we intend to discuss medical debt litigation here. Sections should be cross-referenced.

HOW WE CAN HELP WITH LITIGATION AND HOW TO GET STARTED –

Consultation/intake appointment. Choose a plan of action to address the client’s problems. We also choose a lawsuit strategy when we decide on a litigation course of action.

WHY USE OUR OFFICE FOR LITIGATION

knowledgeable about BK, mod, neg, and light in addition to lit. Combine the potential for further choices as leverage so that, in the event that we win, we can pay off the debt. typically possible to reach a satisfactory conclusion if everyone decides to settle. However, if the matter is not resolved, there is always the option to file a lawsuit. If you’re not satisfied with the outcome, you can also file an appeal and ask the OSC to reevaluate, vacate, or renew the order. because our options are so diverse and potent. It is less likely that our creditors won’t offer us their finest deals.