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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 – Brooklyn and Queens
Defending Against Debt Collection in Court – Debtor Litigation Defense enables defendants to leverage legal procedures and the court system to dispute alleged debts and protect their rights.
Many clients of The Law Office of Ronald D. Weiss, P.C. face potential litigation or collection actions from creditors due to alleged unpaid debts or disputes over the debt’s existence, amount, or obligation. When litigation involves significant sums, preparing a strong defense is crucial. Our firm assists clients in responding to lawsuit summonses and complaints, which must be completed within 20 to 30 days of service. This response is a key document in litigation defense and may include a motion to dismiss if applicable, as well as opposition to summary judgment requests.
Defending a lawsuit allows clients to challenge how the case was initiated and extend the legal process, keeping both the client and our firm informed of its status. In some cases, a strong defense may lead to the lawsuit’s dismissal. Our firm raises defenses related to improper service, loan documentation validity, clarity of loan terms, appropriateness of loan amounts, and issues concerning credit card fees and interest rates. We also engage in discovery to gather documents and information to strengthen potential 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 handle a wide range of litigation matters, including credit card debt, tax disputes, real estate conflicts, student loans, business debts, medical bills, and personal guarantees, as well as personal injury and real estate cases.
For more details 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.
If a case is uncontested and 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. Due to the time, effort, and legal costs involved, parties often seek settlement after assessing the risks. Smaller debt disputes are especially likely to be resolved through negotiation. If no settlement is reached, the lawsuit follows these steps:
1. 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.
2. Conferences
Before proceeding to trial, courts often hold conferences to encourage resolution. Judges may question both parties on their positions, consideration of opposing views, and willingness to settle. Since voluntary settlements are generally preferred, courts promote negotiations whenever possible.
3. 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.
4. Motion Practice
If no major factual disputes exist, parties may engage in motion practice:
5. 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.
6. 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.
7. Decision/Order
The court issues a ruling, either as a brief long form order or a detailed short form order explaining its reasoning.
8. 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 weiss@ny-bankruptcy.com.
Our legal practice specializes in litigation defense as a key strategy for achieving debt relief for our clients. Litigation defense allows individuals to challenge various types of collection actions by questioning the creditor’s fundamental assumptions—that the debt is owed and legally collectible.
Our defense approach involves 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 a tactical advantage, like case dismissal.
Defense Strategies
Because 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 involved in prolonged legal battles. Our team carefully evaluates each case to determine the best course of action for our clients.
While we typically align with defendants—often consumers, small business owners, or individuals—we also take on the plaintiff’s role when necessary. Ultimately, our goal remains the same: protecting consumer rights and providing cost-effective legal solutions for individuals and small businesses seeking to litigate their claims.
In consumer credit cases and other disputes, we take proactive legal action to resolve conflicts. Often, creditor procedural loopholes in debt collection can provide opportunities for success in court.
Our role in Litigation Offense / Prosecution includes:
If a settlement cannot be reached through negotiation, we proceed to trial 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 fall into two main categories: (1) Government Loans, which are federally backed and often offer flexible repayment options, and (2) Private Loans, which come from private lenders and generally have stricter terms.
Many borrowers take out private loans after exhausting their government loan options. Unlike government loans, private loans in New York are not subject to the six-year statute of limitations, making them harder to negotiate. They often require refinancing for better terms or legal defense in court. In contrast, government loans can be managed through income-based repayment plans and other structured payment programs.
Issues with private loans often involve co-signers, such as parents or family members. Key legal concerns include:
Borrowers struggling with payments 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 one of the most common reasons consumers file for Chapter 7 bankruptcy. However, bankruptcy is not always feasible, safe, or desirable. When bankruptcy is not an option, debt negotiation is typically the next best approach. That said, negotiations are often more effective when the debtor contests the debt, gaining time and leverage in the process.
Sometimes, a debtor has valid reasons to believe a claimed debt is inaccurate, unpaid, or exaggerated due to errors in calculation. Credit card debt litigation often revolves around procedural and technical flaws that undermine the creditor’s collection efforts. When there is no substantive dispute, the defense strategy typically focuses on forcing 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 may 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 most effective for larger debts, as the time and cost involved make it impractical for smaller cases. A strategic approach involves combining litigation defense with negotiation to achieve a favorable outcome.
Many creditors do not expect litigation defense for credit card debt, as most debtors are unaware of their rights. Therefore, under the right conditions and with strong supporting facts, credit card debt litigation can be highly successful.
When taxpayers attempt 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 not typically the first option. However, when these agencies are unwilling to compromise and there are legitimate disputes regarding the tax liability or its amount, litigation can be a powerful tool. A well-presented case by the taxpayer’s attorneys may push the taxing authorities to reconsider their stance and consider a more favorable resolution.
The first 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, particularly if the most recent filings indicate a lower liability. However, if the authorities reject these figures or other issues arise, legal action may be necessary.
Key Legal Forums for Tax Debt Litigation
U.S. Bankruptcy Court
U.S. Tax Court
U.S. District Court
Key Legal Issues in Tax Debt Litigation
Taxing authorities act as prosecutor, judge, and jury when collecting debts, so it is essential to challenge unfair tax assessments in court. Common issues addressed in tax litigation include:
Liability for Tax Debt:
Amount of Tax Debt:
Defenses Against Tax Debt:
Deductions and Setoffs:
Unfair Rejection of a Settlement Offer:
Discretionary Leniency:
The primary objective of landlord-tenant litigation is to establish whether the opposing party has violated the lease agreement and, if so, who was at fault first. Our office represents both small landlords and tenants. Given their financial vulnerability, both parties may struggle to meet their obligations if even minor financial changes occur. As a result, litigation becomes essential. For small landlords, it may be the only viable solution to address financially burdensome situations. Conversely, tenants may rely on litigation as a means of survival while recovering from financial difficulties such as job loss, divorce, or other economic hardships.
If a tenant has concerns beyond rent-related issues, the best approach is to document the landlord’s violations, maintain communication, and, if necessary, pursue legal action. This is because landlords typically draft lease agreements that prohibit rent deductions as a form of self-help, classifying such actions as a lease violation and default—regardless of the justification for the deduction. If a tenant initiates litigation, their goal is to prove that both the lease and legal provisions have been violated and present themselves as the aggrieved party. A successful lawsuit may result in financial compensation, several months of credited rent, or agreements requiring the landlord to address property issues.
On the other hand, in most cases, tenants find themselves in a defensive position. This often occurs when they are behind on rent payments and must vigorously challenge the landlord’s claims and legal procedures. To do so, the tenant must file a response to the landlord’s petition, which serves as an answer to the complaint. The tenant should contest the grounds for the alleged default and demonstrate that they have not breached the lease agreement. Whenever possible, tenants can challenge the validity of the notice to cure, the service of the petition, and other procedural elements. Additionally, tenants may claim that they attempted to communicate with the landlord about issues that were later ignored, cite poor maintenance or lack of legally required services, highlight lease violations by the landlord, address safety or security concerns, and dispute matters related to utilities, necessary repairs, malfunctioning systems, or ongoing nuisances affecting habitability.
Co-op Residents and Litigation
Landlord-tenant disputes become even more intense for co-op residents with proprietary leases due to the fundamental issue at stake—their continued right to occupy the unit. Disputes with co-op boards are common, as policies and regulations may shift unpredictably, leading to inconsistencies in enforcement and interpretation. In such cases, boards often charge residents with legal fees, further escalating tensions and deepening conflicts.
As a Landlord:
It is crucial for landlords to document issues and provide tenants with proper notices that serve three key purposes:
a) They establish a record of the violation.
b) They demonstrate that the tenant was informed and given an opportunity to resolve the issue.
c) They prove that the landlord acted fairly, without arbitrariness, bias, or malicious intent.
Beyond unpaid rent, violations such as smoking, unauthorized pets, drug use, or excessive noise can lead to warnings and, in some cases, lease termination. Depending on the tenant’s duration of occupancy, pre-eviction notices must be issued 30, 60, or 90 days in advance before eviction proceedings can begin. (For more details, refer to the Landlord-Tenant Solutions section of this page.)
After serving the required notices, a landlord may initiate eviction proceedings by filing the necessary paperwork and ensuring proper service to all tenants in violation, including those in separate rental units. However, as of now, New York State has an eviction moratorium in place, which, unless extended by the legislature, is set to expire on August 31, 2021. Until this moratorium is lifted, eviction actions cannot proceed unless the landlord can prove that the tenant poses a danger to others or is creating a public nuisance.
Foreclosure defense involves contesting a lawsuit filed by a mortgage lender to prevent a property from being foreclosed upon due to loan default. To avoid an automatic default judgment in favor of the lender, the borrower (or defendant) must actively raise a foreclosure defense. Doing so not only provides legal leverage but also grants the borrower additional time to explore alternative solutions to halt the foreclosure process.
Key aspects of foreclosure defense include:
By leveraging these defenses, borrowers can challenge improper foreclosure actions, gain time to negotiate loan modifications, or seek alternative resolutions to retain ownership of 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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