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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 3
Do you have any New York Collections questions page 3 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

bank account holds

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
They can freeze the account.  Then you can fill out paperwork to demonstrate the funds are exempt to undo the freeze.  The 1920 must be exempt funds.  Not all funds are exempt.
They can freeze the account.  Then you can fill out paperwork to demonstrate the funds are exempt to undo the freeze.  The 1920 must be... Read More

How can I get a defualt judgement vacated/set aside

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You have to file an order to show cause to vacate the judgment.  Call a local lawyer.
You have to file an order to show cause to vacate the judgment.  Call a local lawyer.

Judgments

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes, it would be your burden to then assert that the funds are exempt.  Once asserted, it is the creditors burden to prove they are not.
Yes, it would be your burden to then assert that the funds are exempt.  Once asserted, it is the creditors burden to prove they are not.

2ND PARTY COLLECTIONS POSSIBLE?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
In theory, what is being done is a fraudulent conveyance, and could be attacked, and a creditor could come after you.  In reality, this almost never happens, so you should be fine doing your plan.
In theory, what is being done is a fraudulent conveyance, and could be attacked, and a creditor could come after you.  In reality, this almost... Read More

Bank Account Monoriting

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
Bank accounts appear on other databases besides credit reports, so it is possible for a collector to find your account if they are collecting the judgment.
Bank accounts appear on other databases besides credit reports, so it is possible for a collector to find your account if they are collecting the... Read More

When do they sue?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
There is no rule.  In general the debt will be sold to a collection firm, and suit will be started.  Remember, that the service of the complaint will be on whatever address is on the account, so if not your current address you may have no notice of it.
There is no rule.  In general the debt will be sold to a collection firm, and suit will be started.  Remember, that the service of the... Read More

How would I know?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
First, collectors are monitoring your credit, which includes your bank account.  Second, judgments are generally on your report in the public record section.  If nothing is there, you likely have none.  However, if you want to be double sure, call the court clerk in your county, and ask them to look at the judgment roll and see if you are on it.... Read More
First, collectors are monitoring your credit, which includes your bank account.  Second, judgments are generally on your report in the public... Read More

Can collectors do any of these things?

Answered 9 years and 8 months ago by attorney Mitchell A. Nathanson   |   1 Answer
By definition, a credit card does not have money "in it", although you could have a credit balance.  If the amount of those funds exceed $2150, then that could be restrained if the card is under your SS#.  Your safe deposit box can be restrained, and can be opened pursuant to a court order.  Whatever is in the box could be sold and the proceeds could be applied to the judgment debt.  ... Read More
By definition, a credit card does not have money "in it", although you could have a credit balance.  If the amount of those funds exceed $2150,... Read More

How would I know?

Answered 9 years and 8 months ago by attorney Mitchell A. Nathanson   |   1 Answer
In order to "take out money" from your bank account, the creditor must have a judgment.  In order to have a judgment, the creditor must have sued you.  In order to have sued you, the creditor, by its attorneys, must have served youwith a Summons and Complaint.  Before any funds may be "levied" (taken from your account), the bank must give you 20 days to assert an exemption, although your account may be restrained (Frozen).... Read More
In order to "take out money" from your bank account, the creditor must have a judgment.  In order to have a judgment, the creditor must have... Read More

How to proceed to collect an unsecured personal loan from a friend.

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to bring a lawsuit.
You need to bring a lawsuit.

Small Business Collections

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
Your suit should be covered by the bond.  Do you have an existing suit.  You need to have one to preserve the lien.  If you did not file a suit, then you are going to have to sue the subcontractor that hired you, as the lien is expired, the bond does not cover you and you have no claim against the general contractor.  These cases can be complex if the amount at issue is not large.... Read More
Your suit should be covered by the bond.  Do you have an existing suit.  You need to have one to preserve the lien.  If you did not... Read More

Should I pay a civil demand?

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
No.  A civil demand has no force of law.
No.  A civil demand has no force of law.

debt Collection

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
No.  The statute of limitations has long expired on this claim.  Even if a judgment was entered it is expired.  Ignore it.
No.  The statute of limitations has long expired on this claim.  Even if a judgment was entered it is expired.  Ignore it.

I was told by the collections dept from the college that I graduated from over 8 years ago

Answered 9 years and 9 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Yes, the school can withhold the transcript for non-payment.  I'd suggest you make payment arrangements. #NathansonLaw #LegalQ&A
Yes, the school can withhold the transcript for non-payment.  I'd suggest you make payment arrangements. #NathansonLaw #LegalQ&A

I have an Order of protection against me for harassment,this person owes me thousands of dollars.How can I collect if Im not suppose to talk to her?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
You can't.  What you did was a gift.  If the car is in your name, then call the police, report it stolen, and they will get it back.
You can't.  What you did was a gift.  If the car is in your name, then call the police, report it stolen, and they will get it back.

Should I have to pay?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes.  How are you going to prove they said they take the insurance.  They will deny it.
Yes.  How are you going to prove they said they take the insurance.  They will deny it.

The question is how to collect my small claims judgement copy please let me know me sir thank you sir

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
You did not post your location, so I cannot definitively answer.  If in NYC, you need to contact a Marshal.  Other bigger cities have marshals.  If not in a place with a Marshal, then you need to contact the Sheriff in the county where the judgment debtor lives or has property.  If the judgment is not from the same county, you may need to docket it in that county.... Read More
You did not post your location, so I cannot definitively answer.  If in NYC, you need to contact a Marshal.  Other bigger cities have... Read More

Judgement Collection

Answered 11 years and 10 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Copntact a debt collections lawyer who will likely pursue on a contingency fee basis, if it is worthwhile.
Copntact a debt collections lawyer who will likely pursue on a contingency fee basis, if it is worthwhile.

Can I sue my mortgage holder for harrassing phone calls

Answered 11 years and 10 months ago by attorney Mitchell A. Nathanson   |   1 Answer
If you sue, you will likely lose.
If you sue, you will likely lose.

primary loan holder is purposefully not paying student loans

Answered 11 years and 10 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Yes. Talk to your matrimonial lawyer.
Yes. Talk to your matrimonial lawyer.

I live in South Carolina, being garnish by a New York Company. Do I need a lawyer in New York

Answered 11 years and 10 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Are you employed in NY? In order to execute a NY judgment in South Carolina, a SC lawyer would handle the enforcement, not a NY lawyer.
Are you employed in NY? In order to execute a NY judgment in South Carolina, a SC lawyer would handle the enforcement, not a NY lawyer.

Collect n Judgements

Answered 11 years and 10 months ago by attorney Mitchell A. Nathanson   |   1 Answer
If a judgment has entered, many firms will collect on a 1/3 contingency fee basis. If no judgment has been entered, there may be an additional non-contingent suit fee.
If a judgment has entered, many firms will collect on a 1/3 contingency fee basis. If no judgment has been entered, there may be an additional... Read More

I defaulted on pay day loan in the state of NY

Answered 11 years and 10 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Not true. This is a civil matter and is likely usurious and unenforceable.
Not true. This is a civil matter and is likely usurious and unenforceable.

do i need to pay for a murchant after 2 years of no respons?

Answered 11 years and 10 months ago by attorney Mitchell A. Nathanson   |   1 Answer
It depends on the language in the contract you signed.
It depends on the language in the contract you signed.

DO I STILL OWE THIS DEBT?

Answered 11 years and 10 months ago by attorney Mitchell A. Nathanson   |   1 Answer
The statute of limitations for judgment enforcement in NY is 20 years.
The statute of limitations for judgment enforcement in NY is 20 years.
Collections
New York

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