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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 5
Do you have any New York Collections questions page 5 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

My wife of 6 months just revealed that she is over $100,000 in college loan debt. Can the state tap me for her debts?

Answered 12 years and 2 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
I suggest you maintain separate accounts and enter into a post-nuptial agreement. Gerry Wendrovsky, Esq.- Upper West Side Divorce Lawyer www.upperwestsidelawyer.com
I suggest you maintain separate accounts and enter into a post-nuptial agreement. Gerry Wendrovsky, Esq.- Upper West Side Divorce... Read More

What should I do if my former job hasn't paid me in 2 months?

Answered 12 years and 3 months ago by attorney Mitchell A. Nathanson   |   1 Answer
stop working for them and get another job and then sue them.
stop working for them and get another job and then sue them.

Will a lawyer be able to go after my husbands income after we get married if I owe him money?

Answered 12 years and 3 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Only if you co-mingle assets.
Only if you co-mingle assets.

My car was reposessed

Answered 12 years and 3 months ago by attorney Mitchell A. Nathanson   |   1 Answer
You should have received communication from the creditor by now. If not, that is who you should contact.
You should have received communication from the creditor by now. If not, that is who you should contact.

can my friend sue me for a cell phone bill with no wtitten contract only a verbel contract?

Answered 12 years and 3 months ago by attorney Mitchell A. Nathanson   |   1 Answer
An oral contract is just as enforceable as a written contract provided all the elements of a contract can be established.
An oral contract is just as enforceable as a written contract provided all the elements of a contract can be established.

I fell behind in HOA fees can added legal fees be considered Common Charge arrears?

Answered 12 years and 4 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Yes, legal fees can be added to arrears.
Yes, legal fees can be added to arrears.

Motion for dismall, OUT OF STATE

Answered 12 years and 4 months ago by attorney Mitchell A. Nathanson   |   1 Answer
If you do not have assets in NY then your FL assets will not be subject to enforcement unless a judgment is entered against you in NY. You need not be physically present to make your motion to dismiss for improper service so long as all papers are properly filed and the appropriate fees are paid.... Read More
If you do not have assets in NY then your FL assets will not be subject to enforcement unless a judgment is entered against you in NY. You need not... Read More

Bill collection daily calls?

Answered 12 years and 4 months ago by attorney Mitchell A. Nathanson   |   1 Answer
If the calls are not from the original creditor you can demand that they cease and desist from any further contact with you or they will be deemed in violation of the Federal Fair Debt Collection Practices ACT.
If the calls are not from the original creditor you can demand that they cease and desist from any further contact with you or they will be deemed in... Read More

garnishment

Answered 12 years and 5 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Make certain you obtain a Satisfaction of Judgment once it has been paid off. In the alternative, you can stop making payments and they must wait until the prior judgment enforcement is completed.  Understand that you must pay an extra 5% for wage garnishment.
Make certain you obtain a Satisfaction of Judgment once it has been paid off. In the alternative, you can stop making payments and they must wait... Read More

can a rental pace beak in and take washer

Answered 12 years and 5 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Yes, but only with a Court Order!
Yes, but only with a Court Order!

my car was repo'd and not that I redeemed it before auction, all my personal items that were in the car are missing.

Answered 12 years and 5 months ago by attorney Mitchell A. Nathanson   |   1 Answer
You presumably received a notice of default before the repossession. As such, there will be no liability unless you have proof.
You presumably received a notice of default before the repossession. As such, there will be no liability unless you have proof.

How do I best collect on a loan?

Answered 12 years and 5 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Small claims court is the quickest and least expensive way to resolve this.
Small claims court is the quickest and least expensive way to resolve this.

Need help removing medical debt from collections due to Hospital Billing error

Answered 12 years and 5 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Unfortunately, the hospital does not owe you a burden, nor is their error a defense for your default. You contracted with the doctor and hospital and you contracted with the your insurance carrier. If the service providers were not in your insurance carrier's network, you are ultimately liable for payment.... Read More
Unfortunately, the hospital does not owe you a burden, nor is their error a defense for your default. You contracted with the doctor and hospital and... Read More

Can a credit card company sue me?

Answered 12 years and 5 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Yes, you can be sued. In the event a civil judgment is obtained against you your bank accounts can be restrained and levied upon and your assets may be seized and your wages may be garnished.
Yes, you can be sued. In the event a civil judgment is obtained against you your bank accounts can be restrained and levied upon and your assets may... Read More

if you didn't pay a credit card and its been over 10 years can they still garnish your wages now

Answered 12 years and 5 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Yes, assuming a judgment was entered. The statute of limitations to enforce a judgment against personal property is 20 years.
Yes, assuming a judgment was entered. The statute of limitations to enforce a judgment against personal property is 20 years.

I was never served with papers....

Answered 12 years and 8 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
Without examining the affidavit of service that the plaintiff's attorney will eventually show to the court, it would be mere speculation to say whether the service was good or not. However, that you received the papers may factor into a court's decision. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More
Without examining the affidavit of service that the plaintiff's attorney will eventually show to the court, it would be mere speculation to say... Read More

A debt collector called me & threatened to have me arrested for loan Freud i never recieved

Answered 12 years and 8 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Call the District Attorney's office.
Call the District Attorney's office.

Can a Connecticut based LLC (partnership) sue a New York based (Nassau County) company in small claims court?

Answered 12 years and 9 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Yes, so long as it is within the court's jurisdiction both in location and amount.
Yes, so long as it is within the court's jurisdiction both in location and amount.

Can I be sued over a auto repossession debt after 6 years in new York state

Answered 12 years and 9 months ago by attorney Mitchell A. Nathanson   |   1 Answer
The statute of limitations is calculated from the last date of acknoledgment of the debt or payment.  In this instance, payment will include the amount received from the sale of the collateral after repossession. You can be sued up to six years after that date or even later if you have made any subsequent payment or acknowledged that you owed the debt.... Read More
The statute of limitations is calculated from the last date of acknoledgment of the debt or payment.  In this instance, payment will include the... Read More

oil company trying to sue me for the debt i did not have with them

Answered 12 years and 9 months ago by attorney Mitchell A. Nathanson   |   1 Answer
You should submit a motion to dismiss or hire a lawyer who knows how to do this.
You should submit a motion to dismiss or hire a lawyer who knows how to do this.

Can a bank charge me collection fee commision

Answered 12 years and 9 months ago by attorney Mitchell A. Nathanson   |   1 Answer
They can charge you, but it is unlikely that they will be able to enforce it if you dispute and defend.
They can charge you, but it is unlikely that they will be able to enforce it if you dispute and defend.

i took a early withdrawal from my annuity and deposited in my checking to pay my property taxes and a creditor froze my account can i get these funds

Answered 12 years and 9 months ago by attorney Mitchell A. Nathanson   |   1 Answer
You can, but not without vacating the judgment. A bona fide judgment creditor has a right to judgment enforcement proceedings against a validly entered judgment if the account is in your name/SS# alone and contains assets greater than $1740. You have lost the exemption once you made the withdrawal and subsequent deposit.... Read More
You can, but not without vacating the judgment. A bona fide judgment creditor has a right to judgment enforcement proceedings against a validly... Read More

Can I sue my ex boyfriend for owing me money if I have a conversation of proof and copies of receipts?

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes, you can sue.  There is a six year statute of limitations.  Your issue is not the validity of the claim, but the quality of the evidence.  The evidence is good, but not as lock-solid as if there was a note or contract.
Yes, you can sue.  There is a six year statute of limitations.  Your issue is not the validity of the claim, but the quality of the... Read More

Unpaid medical bills in NYS.

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Absolutely.  Medical bills are a common source of credit problems, and medical collectors are the most aggressive.
Absolutely.  Medical bills are a common source of credit problems, and medical collectors are the most aggressive.

my mother passed away and she had a cc i was told i did not have to pay her debt. but they called me 1 mo. after death and said i was responsible

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
You did not have to pay the debt initially.  The agreement you signed may have changed that.  You need to answer any suit and negotiate a new deal.  If you cannot do it yourself, call a lawyer.
You did not have to pay the debt initially.  The agreement you signed may have changed that.  You need to answer any suit and negotiate a... Read More
Collections
New York

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