If you have been served with a lawsuit in New York by Abrahamsen Gindin LLC, you are not alone. Many consumers across the state are finding themselves confronted with court papers demanding thousands of dollars for old credit cards, personal loans, or private student loans. A lawsuit from a debt collection law firm can feel overwhelming, but it is important to understand that these cases are not automatic.
At Law Office of Simon Goldenberg, PLLC, we regularly defend New Yorkers against lawsuits filed by firms like Abrahamsen Gindin. We have helped clients reduce their alleged balances, secure dismissals, and negotiate structured settlements that avoid garnishments and account restraints.
Who Is Abrahamsen Gindin LLC?
Abrahamsen Gindin LLC (“AG Law”) is a multi-state creditors’ rights law firm headquartered in Scranton, Pennsylvania. The firm pursues debts on behalf of major financial institutions, credit card companies, debt buyers, student loan servicers, and auto lenders. They file lawsuits across New York, as well as in New Jersey, Pennsylvania, Delaware, Maryland, and Washington, D.C.
In 2023, Abrahamsen Gindin acquired Forster & Garbus LLP, a Long Island–based debt collection law firm with a 50-year history. Forster & Garbus became well-known in New York for filing high volumes of lawsuits, often on behalf of large banks and credit card companies. Following the acquisition, many debts previously handled by Forster & Garbus are now pursued by Abrahamsen Gindin.
For consumers, this means you may see a lawsuit in which Forster & Garbus was once the named counsel, but now Abrahamsen Gindin is the plaintiff’s attorney.
What to Expect if You Are Sued
A New York debt collection lawsuit generally begins with the service of a summons and complaint. These court papers outline who is suing you, the alleged balance, and the legal basis for the claim.
- If you are served personally, you typically have 20 days to respond.
- If you are served another way (such as by substituted service or “nail and mail”), you generally have 30 days to respond under CPLR § 320.
If you fail to respond within the deadline, the court can enter a default judgment against you. With a judgment, Abrahamsen Gindin can pursue powerful enforcement tools, such as:
- Wage garnishment of up to 10% of your gross wages (CPLR § 5231).
- Bank account restraints and levies under CPLR § 5222.
- Judgment liens against real property under CPLR § 5203.
For this reason, ignoring a lawsuit is one of the costliest mistakes you can make.
Applicable Federal And New York Laws
Several key laws come into play when defending against a debt collection lawsuit:
Federal Law: The Fair Debt Collection Practices Act (15 USC §§ 1692–1692p) regulates the conduct of debt collectors, including law firms engaged in collection. The FDCPA prohibits misrepresentations, harassment, and attempts to collect amounts not authorized by law or contract. If Abrahamsen Gindin violates these provisions, you may be entitled to damages and attorney’s fees under 15 USC § 1692k.
New York State Law: The New York Civil Practice Law and Rules (CPLR) governs how lawsuits proceed. Of particular importance:
- CPLR § 213(2): Provides a six-year statute of limitations for contract-based debt claims. If the debt is older than six years from the date of the last payment or charge, the lawsuit may be dismissed.
- CPLR §§ 308–312-a: Establish requirements for proper service of process. If service was defective, the court may lack jurisdiction.
- CPLR §§ 5222, 5231, 5203: Outline enforcement remedies such as bank restraints, wage garnishments, and property liens.
New York City DCWP: For residents of New York City, additional protections apply through the Department of Consumer and Worker Protection (DCWP). Debt collectors must be licensed and must provide disclosures in plain language. In many cases, translation services are also required.
Potential Defenses To An Abrahamsen Gindin Lawsuit
Every lawsuit must be proven with admissible evidence. In many cases, Abrahamsen Gindin may not be able to meet this burden. Common defenses include:
Statute of Limitations: Debt claims cannot be pursued forever. In New York, the statute of limitations on most consumer debts is six years from the date of your last payment or charge. If that window has closed, the claim is legally “time-barred.” Even if a lawsuit is filed, raising this defense can stop the case entirely. Importantly, making a small payment or acknowledgment on an old debt could restart the clock, so consumers need to be cautious.
Lack of Standing: To sue, a creditor or debt buyer must show they actually own the debt. For firms like Abrahamsen Gindin, this usually means proving a chain of assignment — clear documentation showing how the account passed from the original creditor through any intermediaries to the current plaintiff. If even one link is missing or unsupported, the court may decide the plaintiff has no legal right to collect.
Incorrect Balances: Inflated or inaccurate balances are another common issue. Debts often grow with interest, fees, and charges, but collectors sometimes demand more than what is legally owed. By carefully reviewing the statements and the underlying agreement, you can challenge improper amounts. Courts frequently reduce balances, and in some cases dismiss claims, when the numbers do not add up.
Improper Service of Process: Lawsuits must be properly served under New York’s Civil Practice Law and Rules (CPLR). If you never received the papers, if they were left at the wrong address, or if service was otherwise defective, the court may lack jurisdiction over you. Improper service can lead to dismissal, since due process requires that defendants have a fair opportunity to respond.
FDCPA Counterclaims: Consumers are not limited to defense alone — they can also go on the offensive. The Fair Debt Collection Practices Act (FDCPA) prohibits misleading, abusive, or unfair practices. If Abrahamsen Gindin or its client misrepresented the debt, added unlawful charges, or engaged in harassment, you may bring counterclaims. Successfully asserting FDCPA violations can reduce or offset any alleged liability, and in some cases result in damages against the collector.
Strategic Options for Resolution
A lawsuit from Abrahamsen Gindin does not always mean trial. Depending on your circumstances, several strategic resolutions may be available:
- Motion To Dismiss: If the lawsuit is legally defective (such as expired statute of limitations or lack of standing).
- Settlement Negotiations: Many cases are resolved through settlements for less than the amount claimed.
- Payment Plans: Affordable, structured payment arrangements can often be negotiated to avoid wage garnishments.
- Litigation Defense: Where appropriate, we can demand full documentation, challenge the chain of assignment, and force the collector to prove their claim.
Why Representation Matters Against Abrahamsen Gindin
Abrahamsen Gindin is not a small collection agency. They are a large, multi-state law firm with sophisticated systems designed to process lawsuits quickly. Their approach depends heavily on consumers failing to respond.
When you retain an experienced New York consumer protection attorney, the balance of power changes. An attorney can ensure your rights are asserted under the FDCPA, the CPLR, and New York City consumer protection laws. More importantly, an attorney can engage in negotiations from a position of strength, leveraging legal defenses to reduce exposure and protect your assets.
New York Debt Collection Defense Lawyer
If you have received a summons from Abrahamsen Gindin LLC, time is limited. The sooner you act, the stronger your defense will be. At Law Office of Simon Goldenberg, PLLC, we focus on defending New Yorkers against debt collection lawsuits. We are familiar with the strategies used by Abrahamsen Gindin and their predecessor, Forster & Garbus. We know how to identify weaknesses in their claims, raise defenses, and negotiate outcomes that protect our clients’ financial stability. Contact Law Office of Simon Goldenberg, PLLC by calling (888) 301-0584 or contacting us online for a free consultation. Our attorneys will review your case, explain your defenses, and help you explore every available option.