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Exceptional Legal Representation Throughout
Long Island and New York, Since 1993.
CALL FOR A FREE CONSULTATION
Exceptional Legal Representation Throughout
Long Island and New York, Since 1993.
Debt Collection Defense Lawyer for Lawsuits Filed by Creditors – Nassau and suffolk to Brooklyn and Queens
Collection in Court – Debtor Litigation Defense allows defendants to use legal procedures and the court system to challenge alleged debts and safeguard their rights.
Many clients of The Law Office of Ronald D. Weiss, P.C. face potential litigation or collection actions from creditors due to unpaid debts or disputes over the debt’s existence, amount, or obligation. When litigation involves substantial sums, it is essential to prepare a strong defense. Our firm assists clients in responding to lawsuit summonses and complaints within the 20 to 30-day period following service. This response is crucial and may include motions to dismiss, or opposition to requests for summary judgment.
Defending a lawsuit allows clients to challenge the initiation of the case and extend the legal process, ensuring that both the client and our firm stay informed. In some situations, a strong defense may lead to the lawsuit’s dismissal. Our firm addresses defenses such as improper service, the validity of loan documents, the clarity of loan terms, appropriateness of loan amounts, and issues with credit card fees and interest rates. We also use discovery to collect documents and information that strengthen our defenses.
By contesting the collection process, clients can challenge the legitimacy of debt claims and how the debt was extended. In addition to foreclosure defense, we manage various litigation matters, including credit card debt, tax disputes, student loans, medical bills, business debts, personal guarantees, personal injury, and real estate cases.
For more information on litigation defense options, schedule a free consultation by calling (631) 212-1046 or emailing weiss@ny-bankruptcy.com.
Legal disputes over debts and financial obligations that remain unresolved can be addressed through arbitration, mediation, or litigation. Litigation is the most adversarial approach, where both parties present evidence to persuade a judge or jury in a contested proceeding governed by court and civil procedure rules. The process considers written or oral agreements (such as loan contracts and leases) and applicable laws.
In uncontested cases, if the defendant does not respond, a default judgment is entered quickly. However, in contested cases, litigation can be lengthy and unpredictable until a final decision is made. Given the time, effort, and legal costs involved, parties often seek settlement after evaluating the risks. Smaller debt disputes are especially likely to be resolved through negotiation. If no settlement is reached, the lawsuit follows these steps:
Pleadings
The plaintiff serves the defendant with a summons and complaint, outlining alleged damages and causes of action. Service can be personal, at the defendant’s residence or business, or via “nail and mail” (posting on the door). The defendant must respond within 20 to 30 days with an answer, which includes denials and defenses. They may also file counterclaims, to which the plaintiff must respond. If the defendant believes the allegations do not establish a valid claim, they can file a motion to dismiss.
Conferences
Before proceeding to trial, courts often hold conferences to encourage resolution. Judges may question both parties about their positions, consideration of opposing views, and willingness to settle. Since voluntary settlements are generally preferred, courts promote negotiations whenever possible.
Discovery
In contested cases, discovery allows parties to gather relevant documents and information from each other or third parties. Discovery methods include:
If disputes arise, a party may file a motion to compel discovery (forcing the other side to provide information) or a motion to quash discovery (challenging improper requests). Common objections include irrelevance, excessive scope, privilege, or undue burden.
Motion Practice
If no major factual disputes exist, parties may engage in motion practice:
Trial and Evidentiary Hearings
If factual disputes remain, the case proceeds to trial or an evidentiary hearing. While evidentiary hearings focus on specific issues (e.g., Traverse Hearings to determine if the plaintiff obtained proper court jurisdiction), trials involve broader disputes and multiple case-related matters.
Order to Show Cause
This emergency motion requests immediate court intervention to prevent imminent harm, such as wage garnishments, bank seizures, foreclosure sales, or evictions.
Decision/Order
The court issues a ruling, either as a brief long-form order or a detailed short-form order explaining its reasoning.
Appeal
A litigant may appeal an unfavorable ruling, whether interim or final. Appeals must be filed within 30 days of the decision’s entry, notifying the opposing party and the court. Within six months, the appellant submits a memorandum brief outlining the legal arguments for overturning the decision.
For more information on debtor-creditor litigation, contact our office at (631) 212-1046 or email
Our legal practice specializes in litigation defense as a crucial strategy for securing debt relief for our clients. Litigation defense enables individuals to challenge various collection actions by questioning the creditor’s fundamental assumptions—whether the debt is owed and legally collectible.
Our defense strategy includes contesting:
The primary goal of litigation is to negotiate a favorable settlement for our client. However, creditor errors can sometimes create opportunities for counterclaims, such as consumer law violations, or provide tactical advantages, such as case dismissal.
Defense Strategies
Since the plaintiff must establish every material fact, time, leverage, and surprise can work in the defendant’s favor. Many creditors are unprepared for resistance, making litigation defense a powerful tool.
However, for smaller disputes, litigation may not always be practical due to the time, cost, and burden of prolonged legal battles. Our team carefully evaluates each case to determine the best course of action for our clients.
Although we primarily represent defendants—typically consumers, small business owners, or individuals—we are also prepared to take on the role of plaintiff when necessary. Our ultimate objective remains consistent: to protect consumer rights and offer cost-effective legal solutions for individuals and small businesses pursuing litigation.
In consumer credit cases and other disputes, we take proactive legal steps to resolve conflicts. Often, creditors’ procedural mistakes in debt collection present opportunities for success in court.
Our role in Litigation Offense / Prosecution includes:
If settlement negotiations fail, we proceed to trial, striving to secure the best possible outcome for our clients.
usinesses do not receive the same legal protections as individual consumers. However, in cases where both the business entity and its owner are sued jointly, certain consumer defenses may still apply to the individual owner.
Our firm is often called upon to defend clients’ interests in commercial disputes, ensuring their rights are protected in business debt litigation.
Student loans are divided into two main categories: (1) Government Loans, which are federally backed and typically offer flexible repayment options, and (2) Private Loans, which come from private lenders and often have more rigid terms.
Many borrowers take out private loans after exhausting government loan options. Unlike government loans, private loans in New York are not subject to the six-year statute of limitations, making them more difficult to negotiate. These loans often require refinancing for better terms or legal defense in court. On the other hand, government loans can be managed through income-based repayment plans and other structured payment programs.
Private loan issues frequently involve co-signers, such as parents or family members. Key legal concerns include:
Borrowers facing payment struggles may argue that the lender acted unfairly by refusing to offer reasonable relief options, despite the borrower’s clear financial hardship and the lender’s lack of consistent payment relief policies.
Credit card debt is a leading reason consumers file for Chapter 7 bankruptcy. However, bankruptcy is not always a viable, safe, or preferred solution. When bankruptcy is not an option, debt negotiation becomes the next best alternative. Negotiations tend to be more effective when the debtor disputes the debt, gaining time and leverage in the process.
In some cases, a debtor may have valid reasons to believe that a claimed debt is inaccurate, unpaid, or exaggerated due to errors in calculation. Credit card debt litigation often focuses on procedural and technical flaws that undermine the creditor’s efforts to collect. When there is no substantial dispute, the defense strategy usually aims to force the lender to prove their right to collect the debt.
Common technical issues in credit card litigation include:
If a creditor’s case is weak, a strong defense could not only lead to a dismissal but also present an opportunity to counterclaim for violations of federal and New York State debt collection laws, such as the Fair Debt Collection Practices Act (FDCPA). However, litigation is more practical for larger debts, as the time and costs involved make it impractical for smaller cases. A combined approach of litigation defense and negotiation is often the most effective strategy to achieve a favorable outcome.
Many creditors are unprepared for litigation defense in credit card debt cases, as most debtors are unaware of their rights. Therefore, under the right conditions and with strong supporting evidence, credit card debt litigation can be highly successful.
When taxpayers seek to negotiate a settlement or payment plan with the Internal Revenue Service (IRS) or the New York Department of Taxation and Finance (NYS) for income tax debt, litigation is typically not the first step. However, when these agencies are unwilling to compromise and legitimate disputes arise concerning the tax liability or its amount, litigation can become a powerful tool. A well-presented case by the taxpayer’s attorneys may prompt the taxing authorities to reconsider their position and explore a more favorable resolution.
The initial step in tax debt disputes is ensuring that all relevant tax years have been filed. If tax returns are missing, tax transcripts must be obtained to prepare and file them. Once the omitted returns are submitted, the tax authorities may adjust their claims, especially if the latest filings show a lower liability. However, if the authorities reject these figures or other issues arise, legal action may be required.
Key Legal Forums for Tax Debt Litigation
U.S. Bankruptcy Court
This forum allows taxpayers to delay payment without penalties while litigation is ongoing. It has broad authority over tax liability, collection methods, and defenses like innocent spouse or innocent officer claims. It is frequently used in Chapter 7, 11, or 13 bankruptcy cases, where tax resolution is a significant part of financial restructuring. This court is considered debtor-friendly as it does not inherently favor the government.
U.S. Tax Court
The U.S. Tax Court enables taxpayers to delay payments during litigation. This court specializes in tax-related cases and can rule on issues such as IRS tax liability assessments, collection methods, compliance with notice requirements, and rejection of settlement offers. While based in Washington, D.C., it travels to other cities as necessary.
U.S. District Court
Primarily used for appeals on bankruptcy court decisions, the U.S. District Court has general jurisdiction and is an option for cases where the tax debt is relatively small or already paid in full. It is more likely to be sympathetic to a taxpayer’s situation, even if they are technically in the wrong. This court is primarily used by large corporations, not individual taxpayers.
Key Legal Issues in Tax Debt Litigation
Taxing authorities act as prosecutor, judge, and jury when collecting debts, so it is crucial to challenge unfair tax assessments in court. Common issues addressed in tax litigation include:
Liability for Tax Debt:
Can the taxpayer prove, using returns, transcripts, and income records, that the claimed debt is inaccurate or should be reduced?
Amount of Tax Debt:
Are all components of the tax debt justified and accurate?
Defenses Against Tax Debt:
Can the taxpayer claim a valid exemption, such as:
Deductions and Setoffs:
Should deductions, tax credits, or previous losses be applied to reduce tax liability?
Unfair Rejection of a Settlement Offer:
Has the IRS unfairly denied an offer in compromise or a payment plan despite the taxpayer’s eligibility?
Discretionary Leniency:
Should the tax debt be forgiven due to extenuating circumstances, such as:
The primary goal of landlord-tenant litigation is to determine if a violation of the lease agreement has occurred and, if so, to identify who was at fault first. Our office represents both small landlords and tenants, understanding that financial difficulties can make it challenging for either party to meet their obligations. In such cases, litigation becomes crucial. For small landlords, it may be the only way to address financial burdens, while tenants may rely on it to recover from hardships like job loss, divorce, or other economic issues.
If a tenant has concerns beyond rent-related matters, the best course of action is to document the landlord’s violations, maintain communication, and, if needed, pursue legal action. Landlords typically draft lease agreements prohibiting rent deductions as self-help, viewing such actions as lease violations regardless of justification. A tenant initiating litigation aims to prove that both the lease and legal provisions have been violated and that they are the aggrieved party. A successful case could lead to financial compensation, credited rent, or agreements requiring the landlord to address property issues.
Conversely, tenants often find themselves defending against claims, particularly if they are behind on rent payments. They must respond to the landlord’s petition and contest the default claims, demonstrating they have not breached the lease. Tenants can challenge procedural issues such as the validity of the notice to cure, the service of the petition, or other elements. Additionally, tenants may argue that the landlord ignored attempts at communication, cite poor maintenance or violations of legal requirements, address safety concerns, or dispute issues related to utilities, repairs, or habitability.
Co-op Residents and Litigation
Landlord-tenant disputes become more complex for co-op residents with proprietary leases due to the risk of losing their right to occupy the unit. Disputes with co-op boards are common, as shifting policies can lead to inconsistent enforcement and interpretations. Boards may also charge legal fees, intensifying the conflict.
As a Landlord
For landlords, it is essential to document issues and provide tenants with proper notices that serve three purposes:
In addition to unpaid rent, issues like smoking, unauthorized pets, drug use, or excessive noise may lead to warnings or lease termination. Pre-eviction notices must be issued 30, 60, or 90 days in advance, depending on the tenant’s length of occupancy, before eviction proceedings can begin. (For more information, see the Landlord-Tenant Solutions section of this page.)
After serving the required notices, a landlord can start eviction proceedings by filing the necessary paperwork and ensuring proper service to all tenants in violation, including those in different units. However, New York State currently has an eviction moratorium in place, which, unless extended, is set to expire on August 31, 2021. Until it is lifted, eviction actions cannot proceed unless the landlord can prove the tenant poses a danger to others or is creating a public nuisance.
Foreclosure defense involves challenging a lawsuit filed by a mortgage lender to prevent a property from being foreclosed due to a loan default. To avoid an automatic default judgment in favor of the lender, the borrower (or defendant) must actively raise a foreclosure defense. This not only provides legal leverage but also offers the borrower additional time to explore other options to stop the foreclosure process.
Key elements of foreclosure defense include:
By utilizing these defenses, borrowers can contest improper foreclosure actions, gain time to negotiate loan modifications, or explore alternative solutions to keep their property.
Most of the information on this website currently focuses on medical debt negotiation; however, this section will address medical debt litigation. Relevant sections should be cross-referenced.
Who Has Medical Debt?
Most of the information on this website currently focuses on medical debt negotiation; however, this section will cover medical debt litigation. Relevant sections should be cross-referenced.
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