Debtor Litigation Defense Queens

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

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. One of the many documents typically filed as part of a litigation defense is this type of answer. A move to dismiss may be included in additional documents, if relevant, as well as an answer to a summary judgment request. 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. Defenses raised by our office address things like poor service,

the validity and application of the said loan documentation, the supposed loan terms’ clarity, the loan amount’s appropriateness, and the credit card company’s fees and interest rates. 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. Repossession defense is a

You can click here for more information about our foreclosure defense services and a specific type of litigation defense.
Litigation defense is one tactic used by our office to refute allegations of debt 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 consultation to go over litigation defense options in more detail, please give us a call at (631) 271-3737 or send us an email at weiss@ny-bankruptcy.com.

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 disputes pertaining to debts and financial obligations that are not initially settled or compromised can be settled through 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 on the basis of the evidence in a contested proceeding governed by the court’s rules and civil procedure rules. presented, the relevant written or oral understandings between the parties (loan agreements, contracts, leases, and other agreements), and the applicable laws (statutory and case law) as they relate to the particular circumstances. The legal process 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. Consequently, there is pressure in a lawsuit to When there may be a substantial amount of work, time expenditures, and legal fees involved, settle. Most lawsuits end in settlement because it becomes apparent what each side’s risks are after the initial posturing by each party in the lawsuit. There is more pressure to reach a settlement when the debt dispute concerns a comparatively smaller 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 must respond to the complaint with a document known as a “answer” that includes denials and defenses to the allegations within 20 to 30 days of the process being served. accusations. In addition, the defendant may file a counterclaim or retaliate against the plaintiff on the same or distinct charges. The plaintiff must also respond to the counterclaims in a document known as a “reply to counterclaims” as a result of them. If the defendant feels that the allegations, even if true, do not establish a cause of action, they may, in addition to responding to the complaint, move for dismissal.
2. Conferences –To promote resolution and possible settlement, most courts make an effort to bring the parties together in some way before the court. The Court questions the parties individually or collectively during the conferences regarding relevant elements of the case, their stances, whether or not they considered the opposing viewpoints, and whether or not they are prepared to settle. Courts acknowledge that voluntary settlements are preferable because they are more effective and favored by both parties; as such, they ought to be promoted whenever feasible.
3. Discovery – In a contested proceeding, discovery is the process of obtaining documents and information from the other party to the dispute or from third parties who may be able to provide the necessary information. Depositions (legal questioning of other litigants or other witnesses or persons with information about the case); b) Interrogatories (questions asking for information pertaining to the issues in the case); c) Document Demands (legal documents, receipts, invoices, bank statements, tax returns, etc.); d) Bill of Particulars (an attempt to get more detail about the allegations). Where the two sides meet a disagreement over discovery, it may be settled by a move to compel discovery, filed by one party when it feels the other is purposefully withholding discovery, or by a move to quash discovery, filed by one side to defend itself. There are several reasons to object to discovery, including lack of relevance, excessive breadth, excessive burden, privileged nature of the material, and/or lack of control over the information by the litigant receiving the demand.
4. Motion Practice – When there are no significant factual disagreements and the two sides are arguing, interpreting, analyzing, and drawing conclusions about the majority of the facts that are known and accepted, the case moves on to the motion practice phase. Typically, a move for summary judgment is filed when the defendant answers, or a move for default judgment is filed when the defendant does not. The plaintiff makes the case in a move for summary judgment that the plaintiff would still win their lawsuit under the law, even if the defendant’s defense contained all of the information the plaintiff claims it does. The plaintiff claims in a move for a default judgment that the defendant was properly served andHowever, since the defendant has not answered, the plaintiff ought to be permitted to win. Additionally, there are motions to vacate an order, to reargue, to renew, to request a stay pending appeal, and/or to request a new trial, which deal with asking the Court to overturn and/or reconsider a decision. Depending on the nature of the dispute and the parties’ positions, there are numerous other types of motions.
5. Trial and/or Evidentiary Hearing – When there is disagreement over 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 obtained court jurisdiction over the defendant and how to serve process. A trial is more complex and frequently addresses several case-related issues.
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 short 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 filed to halt abruptly disastrous events, such as wage garnishments, bank seizures, foreclosure sales, evictions, and other actions that could endanger the plaintiff.
7. Decision / Order – For better or worse, this is the Supreme Court’s (the court hearing the case) decision. 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 decision in the case, 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 notifies 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 litigant must submit the actual memorandum brief for the appeal, which is a thorough and in-depth justification of the issues.

DEBTOR-CREDITOR LITIGATION – DEFENSE

Our legal practice focuses on litigation defense because it is a useful tool in achieving our clients’ overall goal of debt relief. Clients can defend themselves against different types of collection actions by using litigation defense. Litigation defense aims 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 agreements 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 counterclaim for consumer law infractions or for another tactical advantage, like 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 allegations and require the plaintiff to provide evidence for each and every claim. Because the accused refused to The plaintiff must demonstrate all material aspects of their case; time, leverage, and element of surprise are key factors, as many creditors are unprepared for any resistance or opposition to their strategies. The benefit of litigation defense is that it might catch the creditor off guard. The drawback is that, in terms of long-term litigation, smaller disputes 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 are able to start legal proceedings; primarily in consumer credit situations, but also in a variety of other circumstances where we must take the initiative to settle a dispute on behalf of a client who needs to file a lawsuit 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

Customers won’t grant an individual the same protections as they would. On the other hand, some of these consumer defenses may apply to the individual owner in the event that the business corporation and the owner are sued jointly. We frequently get asked to defend our clients’ interests 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 education look for private loans to cover the remaining balance. There are distinct approaches for each type of student loan debt because they are treated very 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, but 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 programs. Problems with private loans are frequentlyguarantees provided by the borrower’s parents or other family members; did they know about them, were they noticeable, notarized, and truly signed with an original signature? Does the lender suggest in its marketing materials that it helps borrowers in times of need? Are the non-payment reasons compassionate and possibly protected by any laws (e.g., health-related notice related)? Were the terms and liability amounts clearly stated? Was the lender attempting to mediate a settlement through talks? In cases where the debtor is unable to make payments, they may claimlender unjust for not taking them into account for payment relief plans in spite of the defendant’s obvious need for reorganized or deferred terms and the lender’s apparent lack of any established, uniform standards for taking payment plans into account.

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 desired in any other way. The next best option after bankruptcy is typically debt negotiation; however, negotiations aren’t always successful in a vacuum, and it frequently helps to contest the debt in order to gain time and leverage during negotiations. Occasionally, legitimate concerns arise that lead the debtor to believe that a purported debt is inaccurate, unpaid, or exaggerated. and made a mistake in computation. Credit card litigation typically stems from procedural and technical flaws that compromise the fundamental goal of the collection effort. When there isn’t a substantive dispute, the defendant’s main 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. Additional technical concerns include contesting purportedly signed paperwork, signed receipts, and requesting sthe original, signed credit card agreement. Potential fraud and/or identity theft involving charges the defendant is unaware of or where the debt was incurred by an entity the defendant is unaware of are more significant issues. 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 reason to believe that their collection action may be found lacking, one tactic is not only to defend the action but also, if applicable, to counterclaim based on the potential violations of federal and New York State debt collection statutes, like the Fair Debt Collection Practices Act.both harmful and caustic. Due to the time and expense involved in litigation, this approach is most effective when dealing with larger credit card debt cases. To keep costs 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 option, most creditors do not anticipate litigation 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

When a debtor-tax payer attempts 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”), tax debt litigation is typically not the first choice when it comes to income tax debt. But in cases where the IRS and/or NYS are unaccommodating and there are legitimate questions regarding the purported liability and/or the amount of the purported liability tax debt, Litigation is an alternative that may force the taxing authorities to reconsider their strategies and consider reaching a compromise, particularly if the tax case is persuasively presented by the tax payer’s attorneys. When it comes to tax debt, the first thing to consider is if the relevant tax years have been filed. If not, which happens frequently, tax transcripts must be acquired and used as the foundation for filing tax returns, which are always preferable to being unfiled. After the tax returns for the omitted tax years are prepared and promptly sent to the taxing authorities, theWhen taxing authorities and/or courts base their decisions on the amounts that the defendant has claimed in their most recent filed returns—which are relatively low—the situation will typically begin to clear up. However, legal action may be required and may occur in multiple courts if the taxing authorities reject these figures or if there are other issues.

1) The U.S. Bankruptcy Court -Just like the Tax Court below, a taxpayer who has a dispute may postpone payment without incurring penalties as long as their valid case is pending 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. Typically, customers People with tax debt also have other types of debt, and in every tax case—Chapter 7, 11, and/or 13—the Bankruptcy Court permits tax resolutions. Because the Bankruptcy Court does not inherently favor the Government’s case, it is regarded as a debtor-friendly jurisdiction.

2) The U.S. Tax Court – The U.S. Tax Court, akin 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 refund 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 the tax case alone, not general jurisdiction. The Court is granted broad discretion to examine a wide range of tax-related matters, such as the existence and extent of the purported IRS liability, the methods of collection employed, the compliance of 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 general 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 debt 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 general jurisdiction, it may be more understanding of a taxpayer’s situation even if the taxpayer is technically mostly incorrect; or

Our clients 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 taxing authorities have the ability to act as a prosecutor, judge, and jury all rolled 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 next 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 additional possible defenses?

d) Deductions Apply?Did the tax debt decrease as a result of any deductions? 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 get past tax debt setoffs in spite of everything mentioned above in order to reduce the amount currently 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 certain facts 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 office. Due to their vulnerability, both tenants and smaller landlords may find it difficult to fulfill their obligations 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 only means of survival for a tenant in the interim while 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 problems, remain in contact with them, and file a lawsuit against them. This is so because the landlord typically 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 tenant is bringing legal action, they will want 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 several months’ worth of credit. and/or “free’ rent, agreements by the landlord to fix certain problems with the building/rental apartment. On the other hand if the the tenant is defending which is much more often, the tenant is usually also behind on payment of rent and needs to try to zealously contest the landlord’s allegations and procedure in commencing the litigation with a RESPONSE to the landlord’s PETITION, which is like an answer to a complaint. The tenant needs to contest the basis of the alleged default, and try to show that it has not violated the lease. When possible the tenant can dispute receipt/service of the notice to cure, service of petition, and other procedure. The tenant may allege an communicating with the landlord about anything that the landlord changed his mind about; inadequate services from the landlord that should be provided in accordance with the lease or the law; violations from the landlord; failure to provide 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 proprietary 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’s critical to keep track of issues and provide tenants with notices that accomplish two goals: Notices serve the following purposes: a) they serve as proof that the incident occurred; b) they demonstrate that the tenant was given notice of the problem and a chance to address it; and c) they demonstrate fairness, a lack of arbitrariness, abruptness, bias, or other malicious intent. In addition to unpaid rent, other violations like smoking, pets, drug use, and loud music may result in warnings and possibly even a lease termination. In addition to the informal notices mentioned above, pre-eviction notices may be served 30, 60, or 90 days before the eviction begins, depending on how long the tenant occupied the property. (Refer to Landlord Tenant Solutions section of this page for additional details). The Landlord may begin an eviction proceeding by filing and serving all tenants in violation and ensuring that all separate rentals are served after providing the necessary notices. In New York State, there is currently an eviction moratorium that, barring further extensions by the legislature, ends on August 31, 2021. An eviction action 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 defending a lawsuit filed by a mortgage holder to prevent real estate from being foreclosed upon when the mortgage loan defaults. A defendant or borrower must raise a foreclosure defense in order to prevent the mortgage holder from simply obtaining a default judgment. This also provides the borrower with leverage and additional time to potentially come up with other solutions 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 regarding making up for lost time robotic signatures, missing original documentation, improper standing, possession, predatory behavior, unaccounted payments, erroneous motion to extend time to respond to referee report, reargument/renewal, notice of appeal, stay pending appeal, appeal perfection, and multiple appeals. OSC to stay a foreclosure sale and to revoke a previous decision that was granted due to default.

Medical Debt Defense Litigation

(new page required) – The majority of the information on this website currently pertains to medical debt negotiation; however, we want 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 advanced knowledge,

Credit Repair Litigation and Other Consumer Rights Litigation

Credit Repair Litigation (New Page Needed) – The majority of the information on this website currently pertains to medical debt negotiation; however, we want 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 litigation strategy when we decide on a litigation course of action.

WHY USE OUR OFFICE FOR LITIGATION

knowledgeable about BK, mod, neg, and lit in addition to lit. Combine the potential for additional options as leverage so that, in the event that we win, we can pay off the debt. typically able 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 best deals.