New York Collections Questions & Legal Answers - Page 6

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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.

Recent Legal Answers

what kind of lawyer do i need

Answered 12 years and 10 months ago by attorney Sharon M. Siegel | 1 Answer

For $1600, do this yourself. You have a defense. File an answer in the time required to avoid default. Your defense is that insurance was accepted and should have paid.

For $1600, do this yourself. You have a defense. File an answer in the time required to avoid default. Your defense is that... Read More

authorized user on a credit card

Answered 13 years ago by attorney Mitchell A. Nathanson | 1 Answer

Although you may not be obligated under contract law, you would be obligated under the theory of unjust enrichment. Your obligation to pay is not related to their option to extend credit.

Although you may not be obligated under contract law, you would be obligated under the theory of unjust enrichment. Your obligation to pay is... Read More

Is debt inherited via death by a brother or sister?

Answered 13 years ago by attorney Mitchell A. Nathanson | 1 Answer

Debts are never inherited. Upon death of a debtor the Estate of the decedant is obligated to pay debts from the non-exempt assets of the Estate.

Debts are never inherited. Upon death of a debtor the Estate of the decedant is obligated to pay debts from the non-exempt assets of the Estate.

can a credit card company freeze my bank account after almost 10 yrs

Answered 13 years ago by attorney Mitchell A. Nathanson | 1 Answer

If they have properly entered a judgment against you then the statute of limitationd for enforcement is 20 years. This is extended each time money is collected by an additional 20 years. I suggest you make some type of settlement offer or you will be paying this in perpetuity.

If they have properly entered a judgment against you then the statute of limitationd for enforcement is 20 years. This is extended each time... Read More

college transcript withhold

Answered 13 years ago by attorney Mitchell A. Nathanson | 1 Answer

They are holding the collateral that you want. You will need to work with them or file an Order to show cause for the relief you believe you are entitled, but that will likely take more time and money than it is worth.

They are holding the collateral that you want. You will need to work with them or file an Order to show cause for the relief you believe you... Read More

Judgment creditor

Answered 13 years ago by attorney Mitchell A. Nathanson | 1 Answer

If the judgment was properly obtained and you have no defenses to the merits, then your only option is to settle the debt by making a lump sum settlement offer for less than the full balance.

If the judgment was properly obtained and you have no defenses to the merits, then your only option is to settle the debt by making a lump sum... Read More

Is it okay for a physical therapy office to send me a message via text regarding my balance due

Answered 13 years ago by attorney Mitchell A. Nathanson | 1 Answer

Yes, the creditor may contact you in that fashion to collect a debt.

Yes, the creditor may contact you in that fashion to collect a debt.

lawyer is suing for late maintenance fee payments on my condo.

Answered 13 years and a month ago by attorney Mitchell A. Nathanson | 1 Answer

I think you should investigate whether he is even a lawyer! http://iapps.courts.state.ny.us/attorney/AttorneySearch Then call the management company and alert them that someone is posing as their lawyer and is trying to collect on money that is not owed claiming that it is arrears beyond the statute of limitations and providing false documentation!... Read More

I think you should investigate whether he is even a lawyer! http://iapps.courts.state.ny.us/attorney/AttorneySearch Then call the management... Read More

how can i collect on a judgement

Answered 13 years and a month ago by attorney Mitchell A. Nathanson | 1 Answer

Your ability to collect depends initially on the status of the Bankruptcy filing. If the debt was discharged, then you can no longer collect. If the filing was dismissed, then you may.

Your ability to collect depends initially on the status of the Bankruptcy filing. If the debt was discharged, then you can no longer collect.... Read More

How can l get my money back from friends l made a loan to.?

Answered 13 years and a month ago by attorney Mitchell A. Nathanson | 1 Answer

I have to admit that your inquiry sounds like a typical scam email that circulates amongst collection lawyers. "Large sum of money" and overseas wire transfers are dead giveaways. Besides, who doesn't know ANY lawyers in NY? Not only that, the intake information shows that you are in fact from NY. All lawyers should be wary of these scams and be forewarned not to release any funds from your escrow account, even if the check being deposited looks like a legitimate Bank Cashier's Check. It is a phoney!... Read More

I have to admit that your inquiry sounds like a typical scam email that circulates amongst collection lawyers. "Large sum of money" and overseas wire... Read More

Can an energy company such as National Grid shut off one's power even if he or she is paying them a small amount each week?

Answered 13 years and a month ago by attorney Mitchell A. Nathanson | 1 Answer

Yes, it is legal. You cannot unilaterally determine an arbitrary amount to pay as your arrears continue to accrue. You must make a payment plan arrangement that is agreed to by both sides. There are programs available if you are indigent or suffering financial hardship, but you must inquire.... Read More

Yes, it is legal. You cannot unilaterally determine an arbitrary amount to pay as your arrears continue to accrue. You must make a... Read More

Won case 4 years ago lawyer hasn't collected?

Answered 13 years and a month ago by attorney Mitchell A. Nathanson | 1 Answer

This is upsetting to hear. You should be receiving regular reports from your lawyer or at least responses to your inquiries. Judgment enforcement proceedings often do move slowly and it may take years to locate attachable assets. If you are not satisfied with the way your lawyer is treating you as a client you should discuss this with him. If you are not comfortable with his response then I would suggest you find another lawyer.... Read More

This is upsetting to hear. You should be receiving regular reports from your lawyer or at least responses to your inquiries. Judgment... Read More

What can i do Of My ex boyfriend sue me for money that he gave as a gift ?

Answered 13 years and a month ago by attorney Mitchell A. Nathanson | 1 Answer

The burden of proof is on him to establish the loans. If your defense is that these were gifts you ahave to properly assert the context. If these were shared purchases and expenses, then you will need to establish your share as well.

The burden of proof is on him to establish the loans. If your defense is that these were gifts you ahave to properly assert the context. If these... Read More

Hi this is regarding a credit card bill.

Answered 13 years and a month ago by attorney Mitchell A. Nathanson | 1 Answer

Sue him! Credit card charges that he ran up and can be proved were at his order are a valid claim in a cause of action.

Sue him! Credit card charges that he ran up and can be proved were at his order are a valid claim in a cause of action.

What should I do

Answered 13 years and a month ago by attorney Sharon M. Siegel | 1 Answer

You can go to the court to find out, or call me and I can look on the court website and search by name to find out. You should check it out. Your kid has a right to any money.

You can go to the court to find out, or call me and I can look on the court website and search by name to find out. You should check it... Read More

how do i prevent an old bill from going to the marshal

Answered 13 years and a month ago by attorney Sharon M. Siegel | 1 Answer

You have a judgment against you. You must get it vacated. I can do it for $800.

You have a judgment against you. You must get it vacated. I can do it for $800.

What do I do about credit cards in my husbands name only?

Answered 13 years and a month ago by attorney Sharon M. Siegel | 1 Answer

Mostly no. There is a technical legal argument that you, as spouse, can be responsible for what are called "necessaries", but I would not worry about it. Let the card companies know your husband is deceased, and they will likely write it off.

Mostly no. There is a technical legal argument that you, as spouse, can be responsible for what are called "necessaries", but I would not worry... Read More

How to deal with insurance company's subornation claim that is way off

Answered 13 years and 2 months ago by attorney Sharon M. Siegel | 1 Answer

First, report this claim to your insurance. It should cover it. Second, you are right, an attorney should be able to settle this matter for the proper amount.

First, report this claim to your insurance. It should cover it. Second, you are right, an attorney should be able to settle this matter... Read More

What happens if I cosigned a motorcycle and the owner totaled the bike and sold it for nowhere near the value and stopped making the payments

Answered 13 years and 2 months ago by attorney Sharon M. Siegel | 1 Answer

Last option is the only one. Suing for the money you paid or are being asked to pay as co-signer. Being a co-signed is not being on title, so nothing else the guy did is illegal.

Last option is the only one. Suing for the money you paid or are being asked to pay as co-signer. Being a co-signed is not being on... Read More

a bill from the city for 250,000.00

Answered 13 years and 3 months ago by attorney Mitchell A. Nathanson | 2 Answers

Is there a judgment against the dead man? Is there a lien? If you bought the house with a valid lien existing at the time the lien would remain in effect and your title would be subject to that lien. I don't know if this is the case, but I can't imagine how else you could be pursued for the debt of another. Contact your title insurance company.... Read More

Is there a judgment against the dead man? Is there a lien? If you bought the house with a valid lien existing at the time the lien would remain in... Read More

Can unemployment garnish my tax return?

Answered 13 years and 3 months ago by attorney Mitchell A. Nathanson | 1 Answer

I confess that I do not entirely understand your question. Who is "unemployment"? What do they want your tax return for? You pay taxes and file your tax return. If you file your tax return and pay your taxes to the IRS how is "unemployment" able to divert this?

I confess that I do not entirely understand your question. Who is "unemployment"? What do they want your tax return for? You pay taxes and file... Read More

can a lender go after the co signer without making any effort to obtain the money from the borrower in NY?

Answered 13 years and 4 months ago by attorney Mitchell A. Nathanson | 1 Answer

Yes. There is no difference between the borrower and the co-signer. You are both jointly and severably liable.

Yes. There is no difference between the borrower and the co-signer. You are both jointly and severably liable.

How can we collect money from a client that refuses to pay for work performed months and in some cases years ago.

Answered 13 years and 4 months ago by attorney Sharon M. Siegel | 1 Answer

You can sue in court. There is a statute of limitations, so move quickly on this.

You can sue in court. There is a statute of limitations, so move quickly on this.

can a lender go after the co signer without making any effort to obtain the money from the borrower in NY?

Answered 13 years and 4 months ago by attorney Sharon M. Siegel | 1 Answer

Yes. You can go after the borrower, but there is no rule that you be pursued second.

Yes. You can go after the borrower, but there is no rule that you be pursued second.

Received letter from lawyers office to collect old debt.

Answered 13 years and 4 months ago by attorney Mitchell A. Nathanson | 1 Answer

Yes they can. You have no "case." Try to work out a deal you can stick to.

Yes they can. You have no "case." Try to work out a deal you can stick to.

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