How To Deal With A Debt Lawsuit In NY | Brian Bromberg Interview

In this Podcast, attorney Brian Bromberg discusses the types of cases his firm handles and gives specific information on what to do if you are being sued over a debt in NY. Below is the audio and a transcription.

If you are being sued over a debt in NY, call us today to schedule a free consultation. We have been defending consumers since 1999. We have the knowledge and experience you need to fight your creditors.




Interviewer: Hello. I’m joined today by Brian Bromberg of the Bromberg Law Office. We’re going to learn about the practice areas he works with to help consumers. Brian, thank you for being with us today. Can you tell us a little bit more about the practice areas your firm handles?

Brian Bromberg: I handle a number of different kinds of consumer protection matters. I help people when they’re being sued over a debt. I help people when they are abused by debt collectors, help people when they’re dealing with identity theft situations, where they’ve been ripped off by car dealers, when they’re dealing with ceaseless endless calls that are being Robo dialed to their cell phones. So there are number of different areas where I try to help people.

Interviewer: And they all stem from the idea of consumer-protection, helping protect the little guy often against the big guy. We talked a little bit about debt lawsuits. What is a debt lawsuit and how is a consumer made aware of it?

Brian Bromberg: Frequently people get sued over debts that are four or five years old. Debts that they had no idea about. Debts that have changed hands and sold from the original creditor to a debt buyer presumably who then claims the right to collect on the debt. And the consumer walks in and they have no idea what’s going on. Sometimes it’s the result of identity theft. Sometimes it’s a debt that they thought had been paid off. Sometimes it’s not even them. Sometimes they’ve got John Smith mixed up with a different John Smith. Or a David Cohen mixed up with a different David Cohen. It happens all the time. And they first become aware of it frequently through a lawsuit. A lawsuit being brought by a company claiming to have bought the debt and now claims to have the right to collect on it. Sometimes they find out about it years later. 10 years later when all the sudden their bank account is frozen or their wages are being garnished or their employers are being contacted. Frequently that’s because there’s a default judgement. They were never properly served and a judgment was obtained without them knowing anything about it.

Interviewer: So, if I’m understanding you correctly, people often hear or learn that they may have a default judgement when they try to do a different activity; get a loan from a bank, buy a house, purchase a car… if they had a default judgement that they aren’t aware of, when they try to do that, that might make them aware. If someone was running their credit report or doing a background check on them to check on their financial worthiness, they may uncover a default judgement on someone?

Brian Bromberg: Absolutely. And it may or may not belong to them. It may be someone completely unrelated. It could be a judgment that was vacated and paid off and frequently it still may be on the credit report because the credit reporting agencies didn’t properly investigate it and didn’t properly take it off.

Interviewer: So, if someone finds them self a party to a debt lawsuit, if they are being sued by a debt collector, they should speak with an experienced attorney like you?

Brian Bromberg: Oh, Absolutely.

Interviewer: What’s your primary advice on what they should do to prepare for this?

Brian Bromberg: Immediately pick up the phone and call an experienced lawyer. Call someone who’s been doing this for years. I’ve been a lawyer now, oh my gosh, almost 30 years. You want someone who’s got experience. Someone who knows the New York Court System. Someone who knows how to litigate these types of cases. So immediately get on the phone. Pick up the phone and call. Also, if your bank account has been frozen, pick up the phone and call a lawyer. Find someone experienced. Whether you hire me or not just get on the phone. If you don’t act fast it could have real big repercussions. If you find out your wages are being garnished, don’t sit on your hands. Pick up the phone and call an experienced lawyer. Whether it’s me or someone else, just pick up the phone and call.