Debt Lawyer in Downtown New York

Stop Debt Collectors From Taking Control

Get the experienced legal defense you need when debt collectors cross the line in Downtown New York.
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Downtown New York Debt Attorney

Your Financial Freedom Starts Here

You’re not just another case number when debt collectors come after you. You have rights under New York law that most people don’t even know exist.

When you work with an experienced debt lawyer in Downtown New York, you get someone who knows how to challenge improper collection tactics, negotiate realistic settlements, and protect your assets from garnishment. The new Consumer Credit Fairness Act has shortened the statute of limitations to just three years for most consumer debts, giving you stronger defenses than ever before.

You don’t have to face aggressive collectors alone. With proper legal representation, you can stop the harassment, protect your paycheck, and get back to focusing on what matters most to you and your family.

Experienced Debt Lawyer Downtown New York

Three Decades of Debt Defense Experience

Ronald D. Weiss has been defending consumers against debt collectors in New York since 1993. He clerked for a federal bankruptcy judge and has handled thousands of debt collection cases across Nassau, Suffolk, and New York City.

What sets our firm apart is our understanding of both sides of debt collection. We know how collectors operate, what tactics they use, and exactly how to counter them. We’ve seen every trick in the book and know how to protect our clients.

We serve Downtown New York residents who are dealing with credit card lawsuits, medical debt collection, and aggressive collection agencies. We understand the financial pressures facing New Yorkers and work with clients to find practical solutions that fit their situations.

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Debt Collection Defense Downtown New York

How We Defend Your Rights

Your case starts with a thorough review of all collection documents and correspondence. Many debt collection lawsuits contain errors or violations of consumer protection laws that can be used in your defense.

Next, we examine whether the collector can actually prove they own your debt. Under New York’s Consumer Credit Fairness Act, debt buyers must provide specific documentation showing how they acquired your debt and proving the amount they claim you owe.

We also check the statute of limitations. Many collectors try to collect on debts that are too old to be legally enforceable. If your debt is past the three-year limit, we can get the case dismissed entirely.

Throughout the process, we handle all communication with collectors so you can get back to your normal life. If a settlement makes sense for your situation, we negotiate terms that work within your budget.

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What's Included in Your Defense

Your debt defense includes a complete review of all collection documents, verification of the debt’s validity, and examination of the collector’s right to sue you. We also check for violations of the Fair Debt Collection Practices Act, which can result in damages being paid to you.

Downtown New York residents face unique challenges with debt collection. The high cost of living means many people carry larger debt loads, and aggressive collectors often target urban areas. We understand these local pressures and tailor our approach accordingly.

We also help clients understand their rights under New York’s new consumer protection laws. Many collectors haven’t adjusted their practices to comply with recent changes, creating opportunities for strong defenses. When collectors violate these new requirements, it often leads to case dismissals or favorable settlements.

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Can a debt collector garnish my wages in New York?

Yes, but only after they obtain a court judgment against you, and there are significant protections in place. In New York, collectors can only garnish 10% of your gross wages or 25% of your disposable income, whichever is less.

However, certain types of income are completely protected from garnishment, including Social Security benefits, unemployment benefits, disability payments, and workers’ compensation. If a collector tries to garnish protected income, we can file an exemption claim to stop the garnishment immediately.

The key is responding to the lawsuit before a judgment is entered. Once we’re involved in your case, we can often negotiate a settlement that avoids wage garnishment entirely, or we may be able to get the case dismissed based on legal defenses.

Under New York’s Consumer Credit Fairness Act, which took effect in April 2022, most consumer debts have a three-year statute of limitations. This means collectors cannot successfully sue you for debts that are more than three years old from the date of your last payment or acknowledgment of the debt.

This is a significant change from the previous six-year limit. Even if you make a payment on an old debt, it won’t restart the statute of limitations clock under the new law. However, collectors can still attempt to collect on time-barred debts as long as they don’t sue you or threaten to sue you.

If a collector files a lawsuit on a debt that’s past the statute of limitations, we can get the case dismissed. This is one of the most common and effective defenses in debt collection cases, and it’s now stronger than ever under New York law.

The most important thing is to respond to the lawsuit within the required time frame, which is typically 20 or 30 days depending on how you were served. Ignoring the lawsuit will result in a default judgment against you, which gives the collector the right to garnish your wages and freeze your bank accounts.

Even if you think you owe the debt, there may be strong legal defenses available. Many debt collection lawsuits contain errors, lack proper documentation, or violate consumer protection laws. We’ve seen cases dismissed because the collector couldn’t prove they owned the debt or because they violated procedural requirements.

Contact a debt lawyer as soon as you receive the lawsuit papers. We can review your case for free and explain your options. In many cases, we can negotiate a settlement that’s much more favorable than what the collector was originally demanding, or we may be able to get the case dismissed entirely.

Debt collectors have strict limits on when and how they can contact you. Under the Fair Debt Collection Practices Act, they cannot call you at work if you tell them your employer doesn’t allow such calls. They also cannot call before 8 AM or after 9 PM, and they cannot contact you more than seven times in seven days.

Collectors cannot discuss your debt with family members, friends, or coworkers, except in very limited circumstances. If they do, it’s a violation of federal law that can result in damages being paid to you. We’ve recovered thousands of dollars for clients whose privacy rights were violated by collectors.

If collectors are harassing you or violating these rules, document every contact and contact us immediately. We can send a cease and desist letter that stops most collection calls, and if violations have already occurred, we may be able to recover damages for you while also resolving the underlying debt.

Many debt collection defense cases are handled on a flat fee basis, which means you know exactly what you’ll pay upfront. The cost varies depending on the complexity of your case, but it’s often much less than what you might save through negotiation or legal defenses.

In some cases, particularly when collectors have violated federal laws, we can handle your case on a contingency basis where the collector pays our fees if we’re successful. The Fair Debt Collection Practices Act requires collectors to pay attorney fees when they violate the law.

We offer free consultations to review your case and explain your options. During this consultation, we’ll give you a clear picture of what your case might cost and what outcomes are realistic. Many clients find that hiring a lawyer actually saves them money in the long run through better settlement terms and protection of their assets.

Original creditors are the companies you initially borrowed money from or charged purchases to, like credit card companies, hospitals, or banks. Debt buyers are companies that purchase old debts from original creditors, often for pennies on the dollar, and then try to collect the full amount from consumers.

Debt buyers face stricter requirements under New York law. They must provide detailed documentation showing how they acquired your debt, including the chain of ownership from the original creditor to them. They also must provide specific account information and prove the amount they claim you owe.

Many debt buyer lawsuits fail because they can’t meet these documentation requirements. Original creditors typically have better records, but they still must prove their case and comply with all consumer protection laws. Regardless of who’s suing you, there are often strong defenses available that can lead to dismissal or favorable settlement terms.

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