Key Takeaway
Learn how debt assignment problems, sewer service, and court disrespect destroy collection cases. Nassau County legal defense from experienced attorneys.
Debt collection cases can turn into complete disasters when multiple factors converge: numerous assignments of debt, improper service of process (known as “sewer service”), and a fundamental lack of respect for court procedures. These elements create a perfect storm that can destroy a debt collector’s case and serve as a cautionary tale for the entire industry.
For Long Island and New York City residents facing aggressive debt collection tactics, understanding these pitfalls can be crucial to protecting your rights and mounting an effective defense against questionable collection practices.
The Anatomy of a Collection Case Gone Wrong
Numerous assignments of a debt, sewer service and a lack of respect for a court can spell complete disaster. Read below.
Erin Servs. Co., LLC. v Bohnet, 2010 NY Slip Op 50327(U)(Dis. Ct. Nassau Co. 2010)
Understanding Debt Assignment Issues
The Chain of Title Problem
In the modern debt collection industry, debts are frequently bought and sold multiple times before reaching the final collection agency. Each transfer must be properly documented with valid assignment agreements. When debt collectors cannot establish a clear chain of title, their cases become vulnerable to dismissal.
Common problems with debt assignments include:
- Missing documentation: Failure to produce original assignment agreements
- Incomplete chains: Gaps in the transfer history from original creditor to current collector
- Invalid assignments: Assignments that don’t actually transfer the right to collect
- Standing issues: Collectors who cannot prove they own the debt at the time of filing
Sewer Service: The Illegal Shortcut
What Is Sewer Service?
“Sewer service” refers to the practice of improperly serving legal documents—essentially throwing them “down the sewer” instead of properly delivering them to defendants. This illegal practice allows debt collectors to obtain default judgments against defendants who never received proper notice of the lawsuit.
Common forms of sewer service include:
- False affidavits of service: Process servers lying about delivering papers
- Substitute service abuse: Leaving papers with inappropriate parties
- Address manipulation: Serving outdated addresses when current ones are available
- Time and date falsification: Claiming service when servers weren’t even in the area
The Consequences for Nassau County Residents
In Nassau County and throughout New York, sewer service has been a persistent problem affecting thousands of consumers. Many discover they’ve been sued only when their wages are garnished or bank accounts frozen. The impact on working families can be devastating.
Court Disrespect: When Attorneys Cross the Line
Attorneys appearing in New York courts are bound by strict rules of professional conduct. These include treating the court, opposing parties, and the judicial process with proper respect. Violations can lead to sanctions, disciplinary action, and case dismissal.
When debt collectors combine problematic assignments with sewer service and add disrespectful court conduct, they create a toxic combination that courts will not tolerate. Nassau County District Court, in particular, has shown little patience for collection attorneys who flout proper procedures.
Protecting Your Rights Against Collection Abuse
Immediate Steps for Consumers
If you’re facing a debt collection lawsuit in Nassau or Suffolk County:
- Verify service: Confirm you were properly served with court papers
- Demand proof: Request documentation showing the collector owns your debt
- Check assignments: Review the chain of ownership for gaps or problems
- Respond promptly: Don’t let default judgments enter by ignoring court papers
- Seek legal help: Consider consulting with an attorney experienced in collection defense
Frequently Asked Questions
Q: What should I do if I think I was a victim of sewer service?
A: Contact an attorney immediately. You may be able to vacate any default judgment by proving you weren’t properly served. Time limits apply, so don’t delay.
Q: Can debt collectors sue me for debts they can’t prove they own?
A: They can file suit, but they must prove ownership to win. Challenge them to produce complete assignment documentation and original agreements.
Q: How can I tell if a debt collector has proper standing to sue me?
A: Demand they produce all assignment agreements showing the complete chain of ownership from original creditor to current collector. Gaps or missing documents can defeat their case.
The Erin Services case serves as a stark reminder that shortcuts in legal practice inevitably lead to problems. Whether in debt collection, no-fault insurance, or any other area of law, practitioners must follow proper procedures, maintain complete documentation, and treat the process with respect.
At the Law Office of Jason Tenenbaum, we’ve seen how proper legal procedures protect all parties and ensure fair outcomes. Whether you’re dealing with debt collection issues, no-fault insurance matters, or other legal challenges, having experienced representation makes all the difference.
If you’re facing debt collection abuse or need assistance with any legal matter, call us today at 516-750-0595. Our experienced attorneys serve clients throughout Nassau County, Suffolk County, and the greater New York area. We understand both the law and the tactics used by collection agencies, and we’re committed to protecting your rights and achieving the best possible outcomes for our clients.
Related Articles
- Understanding CPLR 3212(g) motion procedures and timing requirements
- How reasonable excuse can overcome default judgments despite jurisdictional challenges
- Critical timing rules for summary judgment motions under CPLR 3212(a)
- When partial compliance with verification requirements fails in court
- New York No-Fault Insurance Law
Legal Update (February 2026): Since this 2010 post, New York debt collection practices have been subject to significant regulatory updates, including amendments to court rules regarding service of process and documentation requirements for debt assignments. Additionally, federal and state consumer protection statutes may have been strengthened with new procedural safeguards. Practitioners should verify current provisions of the CPLR, local court rules, and applicable consumer protection regulations when handling debt collection matters.
Common Questions
Frequently Asked Questions
What is New York's no-fault insurance system?
New York's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses and lost wages regardless of who caused the accident, up to policy limits. However, you can only sue for additional damages if you meet the 'serious injury' threshold.
