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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 4
Do you have any New York Collections questions page 4 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

I got a letter from a collection agency about old credit card debt. The ststute of limitations has expired, can they still garnish wages?

Answered 11 years and 10 months ago by attorney Mitchell A. Nathanson   |   1 Answer
If there is a judgment, then yes.  If there is no judgment, then only if you make a payment or acknowledge the debt.
If there is a judgment, then yes.  If there is no judgment, then only if you make a payment or acknowledge the debt.

Comiisionar of Social services is suing my mother

Answered 11 years and 11 months ago by attorney Mitchell A. Nathanson   |   1 Answer
If you owe the money, you should be sued, unless your mother was a direct beneficiary.
If you owe the money, you should be sued, unless your mother was a direct beneficiary.

My son recently went through a divorce. He surrendered his car,which was still owed 16k on, to the bank. Now 2years later they are suing?

Answered 11 years and 11 months ago by attorney Mitchell A. Nathanson   |   1 Answer
It depends to whom the vehicle was surrendered, but probably yes.
It depends to whom the vehicle was surrendered, but probably yes.

Fema funds garnished by creditor

Answered 11 years and 11 months ago by attorney Mitchell A. Nathanson   |   1 Answer
This is not a recognized exemption.
This is not a recognized exemption.

I sold an item on amazon the customer returned it but didn't sent back everything but amazon reimbursed him with my account without my authorization.

Answered 11 years and 11 months ago by attorney Mitchell A. Nathanson   |   1 Answer
You should review your agreement with Amazon and contact them if they are not in compliance with the terms of the agreement.
You should review your agreement with Amazon and contact them if they are not in compliance with the terms of the agreement.

How do I know if I'm being sued

Answered 11 years and 11 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Ask them to verify the debt and provide copies of any legal action.  If they cannot, you were not likely sued.
Ask them to verify the debt and provide copies of any legal action.  If they cannot, you were not likely sued.

NYS Pay day loan

Answered 11 years and 11 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Ignore them, they cannot sue and enforce as they have unclean hands.
Ignore them, they cannot sue and enforce as they have unclean hands.

I received a letter from the Erie county sheriff's office civil process division advising of I didn't pay on a debt they was going to start garnishing

Answered 11 years and 11 months ago by attorney Mitchell A. Nathanson   |   1 Answer
The Sheriff may levy on up to 10% of your gross earnings.  They are also entitled to a 5% poundage fee. If you were not remitting the proper amount they need not provide additional notice before garnisheeing your wages from the employer.
The Sheriff may levy on up to 10% of your gross earnings.  They are also entitled to a 5% poundage fee. If you were not remitting the proper... Read More

I'm being contacted by Sallie Mae and told I 'm

Answered 11 years and 11 months ago by attorney Mitchell A. Nathanson   |   1 Answer
You can dispute the validity of the debt.
You can dispute the validity of the debt.

how should i answer to the summons with notice for the unpaid tuition bill of suny school?

Answered 11 years and 11 months ago by attorney Mitchell A. Nathanson   |   1 Answer
You should assert any denials and defenses you have, or hire a lawyer to answer the complaint and serve discovery notices. The action may be commenced either in the county where you reside or where the transaction ocurred.  The worst case scenario is that the judgment will be enforced and you will pay the balance due, inclusive of post judgment interest at 9%.... Read More
You should assert any denials and defenses you have, or hire a lawyer to answer the complaint and serve discovery notices. The action may be... Read More

How can I go about stopping the marshals from garnishing my pay check

Answered 11 years and 11 months ago by attorney Mitchell A. Nathanson   |   1 Answer
If a judgment has been validly entered the Marshal may legally garnish up to 10% of your gross earnings above the minimum wage. You can stop this by filing for bankruptcy.
If a judgment has been validly entered the Marshal may legally garnish up to 10% of your gross earnings above the minimum wage. You can stop this by... Read More

default judgement

Answered 11 years and 11 months ago by attorney Mitchell A. Nathanson   |   1 Answer
You will need to hire a lawyer to prepare an Order to Show Cause to vacate the default judgment and provide proof that you were out of state when the action was commenced.
You will need to hire a lawyer to prepare an Order to Show Cause to vacate the default judgment and provide proof that you were out of state when the... Read More

Do I continue to pay if I have a letter stating that my loan is settled in full?

Answered 11 years and 11 months ago by attorney Mitchell A. Nathanson   |   1 Answer
It seems as if they have a bookkeeping problem and have applied your payments incorrectly. If you have records of all the payments you made, provide them with a copy and request a payment history report to determine the correct balance due.
It seems as if they have a bookkeeping problem and have applied your payments incorrectly. If you have records of all the payments you made, provide... Read More

Can I subpeona result in a hold on my checking account or is this only true for savings accounts?

Answered 12 years ago by attorney Mitchell A. Nathanson   |   1 Answer
They are entitled to restrain any account with deposits in excess of $1920.
They are entitled to restrain any account with deposits in excess of $1920.

a lein on my property

Answered 12 years ago by attorney Mitchell A. Nathanson   |   1 Answer
No. A collection company has no authorization to release a  lien.
No. A collection company has no authorization to release a  lien.

who far back can creditors or collection agents collect

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
The statute of limitations to sue on a breach of contract in NY is six years. The statute of limitations to enfoce a judgment entered in NY is 20 years.
The statute of limitations to sue on a breach of contract in NY is six years. The statute of limitations to enfoce a judgment entered in NY is 20... Read More

when is a debt owed to me considered "paid in Full" and when do I send a "paid in full" letter?

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
Have both held in escrow and then exchange, or arrange for a simultaneous exchange. You will not receive any credits for expenses incurred.
Have both held in escrow and then exchange, or arrange for a simultaneous exchange. You will not receive any credits for expenses incurred.

My sister cosighned a car loan for me i just recently lost my job and cannot afford right now but did pay on loan for 3 straight years on time. Can sh

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
The co-signer is fully liable for the debt and she can be sued.
The co-signer is fully liable for the debt and she can be sued.

Can a debt collector send a letter to my employer?

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
They are allowed to send an information subpoena to your employer and need not notify you in advance.
They are allowed to send an information subpoena to your employer and need not notify you in advance.

What income is exempt from a bank levy?

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
This would apply to the income you personally receive from your company.
This would apply to the income you personally receive from your company.

Pay day loan

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
This is not only a violation of the Fair Debt Collection Practices Act, it is a crime! You should report this to the District Attorney as Payday Loans are illegal in NY.
This is not only a violation of the Fair Debt Collection Practices Act, it is a crime! You should report this to the District Attorney as Payday... Read More

Utilizing someone's bank account to process payments made to Me

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
You need to consult with and retain a lawyer to get the answer to this question. This is not the type of issue that can be dealt with a stranger via email or a website.
You need to consult with and retain a lawyer to get the answer to this question. This is not the type of issue that can be dealt with a stranger via... Read More

judgments

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
Yes. You are jointly and severally liable. Contact the lawyers who sued her and advise of payment arrangements.
Yes. You are jointly and severally liable. Contact the lawyers who sued her and advise of payment arrangements.

getting harrassed by exes collectors

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
Did you sign the Note? If your name isn't on it, then you don't owe the money. Tell them to leave you alone or you will sue them under the Federal Fair Debt Collections Practices Act!
Did you sign the Note? If your name isn't on it, then you don't owe the money. Tell them to leave you alone or you will sue them under the Federal... Read More

PAYDAY LOAN HARASSMENT

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
If the debt was incurred in NY it is illegal. You do not owe the money. You can hire a lawyer to deal with the harrassment if you can't bear it.
If the debt was incurred in NY it is illegal. You do not owe the money. You can hire a lawyer to deal with the harrassment if you can't bear it.
Collections
New York

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