×
Go back to Martindale-Avvo ➔

New York Collections Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
171 legal questions have been posted about collections by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include debtor and creditor, and creditors rights. All topics and other states can be accessed in the dropdowns below.
New York Collections Questions & Legal Answers
Do you have any New York Collections questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 171 previously answered New York Collections questions.
Collections
New York

Recent Legal Answers

Dentists in NYC (husband & wife) billed for services that were not performed on me. 2 bills totaling 12,940. 3/29/24 and 4/8/24

Answered a year and 8 months ago by Jack Mevorach (Unclaimed Profile)   |   1 Answer
Preserve your defenses in writing.  I recommend certified mail, return receipt requested.  If you do nothing, the dentists will acquire a claim against you for "account stated." Jack
Preserve your defenses in writing.  I recommend certified mail, return receipt requested.  If you do nothing, the dentists will acquire a... Read More

Can a judgement take my home equity loan

Answered 6 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to make a motion to vacate the judgment on some basis to unfreeze the account.  The cost and procedure turns on which court entered the judgment.
You need to make a motion to vacate the judgment on some basis to unfreeze the account.  The cost and procedure turns on which court entered the... Read More

Is this real ???

Answered 6 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
It looks like a scam.
It looks like a scam.

our attorney won our case but has withdrawn and doesn't want to proceed for collection. Does this affect our contingency agreement re: percentage?

Answered 6 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
It depends on the retainer, but there is no way the NY lawyer would know what you collect in CA.
It depends on the retainer, but there is no way the NY lawyer would know what you collect in CA.

How do I collect on a judgement for $2000.00 awarded in 2012.

Answered 6 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to know where he is located, and where he banks or has assets.
You need to know where he is located, and where he banks or has assets.

I’ve won an alimony claim, but I am having difficulties and being evicted can I ask for an advance because it’s going to take a few months to receive

Answered 6 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to make a motion in the matrimonial case to expedite payment.  Your landlord does not have to wait, and it is not a defense to eviction.
You need to make a motion in the matrimonial case to expedite payment.  Your landlord does not have to wait, and it is not a defense to eviction.

Hired a lawyer to sue former employer. All parties decided on settlement terms. Mid settlement negotiations company filed chapter 11 bankruptcy.

Answered 7 years ago by attorney Sharon M. Siegel   |   1 Answer
Claims are paid in order of priority.  It is not inherent that yours should be paid now, but if you do not like your lawyer, fire him/her and get another.  Payments will be reported in monthly reports by the debtor.  If there is a creditors' committee, you might call that lawyer.... Read More
Claims are paid in order of priority.  It is not inherent that yours should be paid now, but if you do not like your lawyer, fire him/her and... Read More

How should I respond?

Answered 7 years ago by attorney Sharon M. Siegel   |   2 Answers
If a judgment has been entered you need to move to vacate it.  If a complaint has been filed, you need to answer it.
If a judgment has been entered you need to move to vacate it.  If a complaint has been filed, you need to answer it.

what documents along with the order to show case do i include in serving the other party

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
Whatever you filed, including exhibits, plus the signed order.
Whatever you filed, including exhibits, plus the signed order.

How do I get a collection firm to reduce the amount that I feel I don't owe? They garnished my wages and now they have vacated that and turn it over.

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
If you owe it, you are going to have to pay.  You can demand an accounting but 35 years of interest is a lot.
If you owe it, you are going to have to pay.  You can demand an accounting but 35 years of interest is a lot.

Can a creditor take my used vehicle if I owe federal n state student loans over 20000

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
In theory they can, but they won't.  Bank creditors do not pursue cars, in general.  They pursue wages and bank accounts.
In theory they can, but they won't.  Bank creditors do not pursue cars, in general.  They pursue wages and bank accounts.

How long in Ny state does a credit card company have to sue for a debt?

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
The payment in 2014 reset the statute of limitations, so 2020, six years from payment.
The payment in 2014 reset the statute of limitations, so 2020, six years from payment.

I was awarded a judgment in Westchester County NY. How do I collect on a judgment is the defendants now live in another state?

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to hire a lawyer in the other state and docket the judgment there.
You need to hire a lawyer in the other state and docket the judgment there.

I bought a ring, returned it, & I'm being charged ( account in collection)

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
You have done everything you can do.  Report it on your credit report as a disputed claim.  Save the paperwork.
You have done everything you can do.  Report it on your credit report as a disputed claim.  Save the paperwork.

Best way to Approach Personal Debt Owed

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Small claims court goes up to $5000.  You claim you are owed $7000, but you must have stated in the complaint you were owed $5000.  Unless your agreement is rock solid, this is an issue.  Your agreement requires another lawsuit.  You get interest from the missed payments, but not lost time.  You need to do it in Civil Court to get $7000.  I charge a flat fee of $1500, including service of process and filing, if the case defaults or settles.  If I have to go to court, then I need to charge more.Michael D. Siegel, Esq.Siegel & Siegel, P.C.One Penn Plaza, Suite 2414New York, New York 10119212-721-5300... Read More
Small claims court goes up to $5000.  You claim you are owed $7000, but you must have stated in the complaint you were owed $5000.  Unless... Read More

Money judgement in NJ

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer
You need to have the judgment docketed in NY and then you can get a Marshal in New York City to enforce it.
You need to have the judgment docketed in NY and then you can get a Marshal in New York City to enforce it.

Does the statute of limitations apply if NYC is the plaintiff regarding a debt?

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer
The statute of limitations applies to initiating suit.  If there is a judgment, it does not apply.
The statute of limitations applies to initiating suit.  If there is a judgment, it does not apply.

Overpaid sub

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
Sue him.  The court to do so will be determined by the amount.
Sue him.  The court to do so will be determined by the amount.

Can I sue

Answered 8 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
Depending on your total claim, and where the accident occurred, you need to sue in Supreme Court or County Court.
Depending on your total claim, and where the accident occurred, you need to sue in Supreme Court or County Court.

What are my options!

Answered 8 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
Keep paying.  The bankruptcy does not impact your deal, which is an asset of the bankruptcy.
Keep paying.  The bankruptcy does not impact your deal, which is an asset of the bankruptcy.

A bill was submitted with incorrect diagnosis code to my insurance so they denied payment. Doc. office and lab won't help me. I'm in collections for 1

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
I am unsure why the doctor will not help.  But you will be liable if you are not successful on the appeal.
I am unsure why the doctor will not help.  But you will be liable if you are not successful on the appeal.

How Do I prove wrongful actions from debtor

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to make a motoin to vacate the judgment in the court that issued it.  It is valid until 2022 if made in 2002.  It would be too old for the credit report, but not for the court.
You need to make a motoin to vacate the judgment in the court that issued it.  It is valid until 2022 if made in 2002.  It would be too old... Read More

Recommendation on vacating a judgement

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
If it was a decision of the administrative law judge you have to move there.  If a court, you move there.  In truth there is one rule that governs these cases -- the employer always loses.  Thus, before you spin wheels and pay money, determine why the judgment is in error.
If it was a decision of the administrative law judge you have to move there.  If a court, you move there.  In truth there is one rule that... Read More

I purchased a purebred dog from breeder, paid through paypal. I returned the dog and never got refunded.

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
If you have exhausted the pay pal remedies, you can sue.
If you have exhausted the pay pal remedies, you can sue.

i received a summons from a lawyer about a debt from a hospital what can i do?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   2 Answers
Answer the case.  If you had insurance, find out why it did not pay.  If you did not have insurance you may have to pay.
Answer the case.  If you had insurance, find out why it did not pay.  If you did not have insurance you may have to pay.
Collections
New York

Helpful Resources