New York Collections Legal Questions

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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 - Page 2
Do you have any New York Collections questions page 2 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.

Recent Legal Answers

INFORMATION SUBPOENA

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You are required to answer.  If you do not, 9 times out of 10, nothing will happen.  Sometimes you could be subjected to a motion for contempt, and then you need to answer.
You are required to answer.  If you do not, 9 times out of 10, nothing will happen.  Sometimes you could be subjected to a motion for... Read More

How do I respond to getting sued?

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
File an answer in the court denying it is your card.  I could do it, but I charge $500 which is what you could probably settle the whole thing for.  The court clerk has a form for this.  Do not default, or a judgment will be entered.
File an answer in the court denying it is your card.  I could do it, but I charge $500 which is what you could probably settle the whole thing... Read More

Filing a small Claim

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
$11,000 is way over small claims.  You will need a lawyer, and you will file in the next level of court.  Which court depends upon where you are, which you did not say.  If you are not getting paid, you should sue.  Do nothing, and you get nothing.
$11,000 is way over small claims.  You will need a lawyer, and you will file in the next level of court.  Which court depends upon where... Read More
There is nothing you can do.  You owe the bank and the scammer is long gone.  I am not sure why you will not file an affidavit or make a police report.  You were a crime victim, unless you were part of the scam.
There is nothing you can do.  You owe the bank and the scammer is long gone.  I am not sure why you will not file an affidavit or make a... Read More

What can and can't this collection agency do to a 4-year debt?

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
If you signed up for the college you owe the tuition.  Dropping out is not a defense.  They are well within the statute of limitations.
If you signed up for the college you owe the tuition.  Dropping out is not a defense.  They are well within the statute of limitations.
If the debtor has no funds, or has discharged the debt, you cannot collect.
If the debtor has no funds, or has discharged the debt, you cannot collect.
Just do a chargeback.  That is your remedy.  You are time limited so call your bank ASAP.
Just do a chargeback.  That is your remedy.  You are time limited so call your bank ASAP.
This is illegal.  Call the New York State Department of Labor.
This is illegal.  Call the New York State Department of Labor.

How can I collect a judgement awarded to me?

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
If in New York City, you need to call a Marshal.  You will need a copy of the judgment.
If in New York City, you need to call a Marshal.  You will need a copy of the judgment.
I am not sure why this is complicated.  Once the lien is filed, then a foreclosure action is brought to foreclose the lien.  Only the first year will trump a mortgage with a bank so move quickly.  Collecting the small claims judgments is easy. Not sure what the issue is.
I am not sure why this is complicated.  Once the lien is filed, then a foreclosure action is brought to foreclose the lien.  Only the first... Read More

Do I have a chance in not paying for this?

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
You are going to have to pay the bank.  You can sue your ex for indemnification and make him pay.
You are going to have to pay the bank.  You can sue your ex for indemnification and make him pay.
You need to domesticate your judgment in MD, and levy there.  Thus, you need an MD lawyer.
You need to domesticate your judgment in MD, and levy there.  Thus, you need an MD lawyer.
You may owe it.  It depends on who signed the admission agreement, and if you signed anything.  Medicare does not pay this automatically, and sometimes not at all.  Bottom line is if you are sued, get a lawyer.  If they are sending you letters, get your evidence together as these cases can and will be pursued.... Read More
You may owe it.  It depends on who signed the admission agreement, and if you signed anything.  Medicare does not pay this automatically,... Read More

Irrevocable trust on home

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   2 Answers
If you transferred title to an irrevocable trust six years ago, your personal creditors cannot attach a lien to your trust property.
If you transferred title to an irrevocable trust six years ago, your personal creditors cannot attach a lien to your trust property.

Small Claims

Answered 9 years and 2 months ago by attorney Mitchell A. Nathanson   |   2 Answers
You can't.  Small claims court in NY only has jurisdiction over defendants within the county/district where court is located with a maximum jurisdictional amount of $5000.  YOu will need to contact a lawyerin TN.
You can't.  Small claims court in NY only has jurisdiction over defendants within the county/district where court is located with a maximum... Read More

HOW CAN I COLLECT MONEY THAT I LOANED TO SOMEONE

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
You will have to bring a lawsuit in court.
You will have to bring a lawsuit in court.

I need a lawyer for small claims court

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
Small claims court is designed to not have lawyers.  You can have one, but the cost will be more than the claim.  If he is in FL, you should sue there.
Small claims court is designed to not have lawyers.  You can have one, but the cost will be more than the claim.  If he is in FL, you... Read More
You cannot be arrested for a debt.  It is an idle threat.  For $400 no one is going to do anything.  You can't stop them from calling, but nothing is likely to happen and eventually they will give up.
You cannot be arrested for a debt.  It is an idle threat.  For $400 no one is going to do anything.  You can't stop them from calling,... Read More

loan's

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
They can, but they probably won't.
They can, but they probably won't.

differential back pay

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
You can file a complaint with the New York State Department of Labor.
You can file a complaint with the New York State Department of Labor.
One is always allowed to represent oneself in court.  However, there are many legal aid groups that can help you if you are truly impoverished.  Call one.
One is always allowed to represent oneself in court.  However, there are many legal aid groups that can help you if you are truly... Read More
Your question is unclear.  Civil Court is in New York City.  In NJ, there is Special Civil Part and Superior Court.  The answer depends upon the court.  You need to docket the judgment in NJ, and then have it recorded as a foreign judgment in NY.  It is a simple process.... Read More
Your question is unclear.  Civil Court is in New York City.  In NJ, there is Special Civil Part and Superior Court.  The answer... Read More
New York judgments stay on the record for 20 years, unless renewed for more.  You have two years left where it can be collected against you.
New York judgments stay on the record for 20 years, unless renewed for more.  You have two years left where it can be collected against you.

What can I do to prevent gas shut off ?

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
The gas bill is a claim against the estate, but the house is an asset.  If there is no mortgage, then you need to get the house in your name so you can pay the bill.  The claim is not expunged.  Offer to pay the bill since your mother died as a compromise.  You cannot get free gas since then.  Usually the gas company will work with you if you pay the current bill.... Read More
The gas bill is a claim against the estate, but the house is an asset.  If there is no mortgage, then you need to get the house in your name so... Read More
They obviously did not literally rob you.  If you did not get the services you paid for, then sue them.
They obviously did not literally rob you.  If you did not get the services you paid for, then sue them.