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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 7
Do you have any New York Collections questions page 7 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 friend borrowed money from me. That time she gave me checkes what she borrowed, But thoses checks all return insuficiant fund. What to do money bac

Answered 13 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue her.  Depending upon the amount of money involved and the jurisdiction of the case, the price someone like me would charge is quite modest.  You will need copies of the front and back of checks.
You can sue her.  Depending upon the amount of money involved and the jurisdiction of the case, the price someone like me would charge is quite... Read More

What kind of a lawyer would I ask about an issue where a landlord has filed a claim with a collection agency on a charge I do not believe to be valid?

Answered 13 years and 5 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Were you sued? Until such time you really don't need a lawyer. If you are sued then any litigation attorney or L&T attorney or Debtor/Creditor lawyer will do.  
Were you sued? Until such time you really don't need a lawyer. If you are sued then any litigation attorney or L&T attorney or Debtor/Creditor... Read More

Enforcement of a sister state confession of judgment

Answered 13 years and 5 months ago by attorney Mitchell A. Nathanson   |   2 Answers
Under the full faith and credit act, a sister state judgment awarded on the merits is enforceable upon proper procedural compliance.  I believe a confession is adequate and you would be subject upon compliance of the creditor.
Under the full faith and credit act, a sister state judgment awarded on the merits is enforceable upon proper procedural compliance.  I believe... Read More

How do you go about finding the financial bank of a defendant after the plaintiff won a case in court.

Answered 13 years and 6 months ago by attorney Mitchell A. Nathanson   |   1 Answer
According to Article 52 of the New York Civil Practice Law and Rules you may serve an information subpoena and restraining notice on any bank where you have a reasonable basis to believe the debtor may have assets.  There are software programs and search engines which lawyers subscribe to which narrow the search from shooting an arrow into the ocean to actually shooting at a target which some predictability, but no guarantees.  If you are still looking for help in collecting on a judgment, check out my website, www.nathansonlaw.com, and let me know if I may be able to help.... Read More
According to Article 52 of the New York Civil Practice Law and Rules you may serve an information subpoena and restraining notice on any bank where... Read More

can kay jewelers put a lien on my home because i cant pay bill

Answered 13 years and 6 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Yes.  But first they must sue you, succeed in obtaining judgment, and docket the judgment as a lien with the county clerk where your home is located.  If any of these steps were missing, you should contact a lawyer and obtain an Order Show Cause to vacate the lien, while it is determined what went wrong. You can visit my website for more information. www.nathansonlaw.com .... Read More
Yes.  But first they must sue you, succeed in obtaining judgment, and docket the judgment as a lien with the county clerk where your home is... Read More

Who can I get in contact with for a free lawyer/legal aid?

Answered 13 years and 6 months ago by attorney Mitchell A. Nathanson   |   1 Answer
There is no "legal aid" for civil matters.  Law Service Groups and Pro Bono attorneys will unlike represent an Estate for free, but you could very well find many collections lawyers who will work on a contingency fee basis, depending on the details.  Please feel free to check out my website; www.nathansonlaw.com for more information.... Read More
There is no "legal aid" for civil matters.  Law Service Groups and Pro Bono attorneys will unlike represent an Estate for free, but you could... Read More

how can i prove i live in a different apartment when i have no lease or nimo bill.but have bill collectors trying to get me to pay other peoples bills

Answered 13 years and 6 months ago by attorney Mitchell A. Nathanson   |   1 Answer
You can "prove" it with a DMV issued ID card, or copies of paid utility invoices.  Bills are normally charged to a name and address and often linked to a social  security number.  If the debt has a different name, address or SS#, don't pay if it's not yours!
You can "prove" it with a DMV issued ID card, or copies of paid utility invoices.  Bills are normally charged to a name and address and often... Read More

I am having trouble getting a satisfaction letter from Zwicker and Associates for a matter that they verbally agreed is settled.

Answered 13 years and 6 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Was there a judgment? Mortgage? Lien? Was payment made? Was there a settlement agreement? All these questions need to be answered to impact further guidance.  No one is stopping you from contacting the creditor directly to resolve.
Was there a judgment? Mortgage? Lien? Was payment made? Was there a settlement agreement? All these questions need to be answered to impact... Read More

Can a medical provider who issued a refund of some of their charges (clearly marked "refund") later decide to rescind the refund and send a bill?

Answered 13 years and 6 months ago by attorney Mitchell A. Nathanson   |   1 Answer
It sounds like there is more to this story.  They can do what they did, as is evidenced by the fact that they did so.  Your options are to work out a payment arrangement or wait to be sued with the possibility of it adversely affecting your credit rating in the interim.  In addition, there may be tax liabilities when the debt is charged off.... Read More
It sounds like there is more to this story.  They can do what they did, as is evidenced by the fact that they did so.  Your options are to... Read More

My car got reposses. How much r lawyer fees to help retrieve my vehicle?

Answered 13 years and 6 months ago by attorney Mitchell A. Nathanson   |   1 Answer
If your car was repossessed legally, then you don't need a lawyer, you need to pay the amount due and owing.  If your car was illegally repossessed, then much more detailed information will be needed to answer the "how much" question.
If your car was repossessed legally, then you don't need a lawyer, you need to pay the amount due and owing.  If your car was illegally... Read More

What are our options?

Answered 13 years and 6 months ago by attorney Mitchell A. Nathanson   |   1 Answer
In whose name is title held? If neither you nor your wife are in title, then you cannot take possession unless you have a security interest.  If there was a contract for the repayment of money between either of you and the biker, then you can sue for the money paid and not reimbursed.  Otherwise, she (and you) have learned the hard way not to co-sign a loan!... Read More
In whose name is title held? If neither you nor your wife are in title, then you cannot take possession unless you have a security interest.  If... Read More

What is administration of Justice?

Answered 13 years and 6 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Is this a philosophical question concerning collections?
Is this a philosophical question concerning collections?

I won a small claims case in New York State in the county of Orange and in the village of Florida, New York. The amount is for $1,230.00

Answered 13 years and 7 months ago by attorney Mitchell A. Nathanson   |   1 Answer
You can start Judgment Enforcement Proceedings by serving his banks with an Information Subpoena and Restraining Notice and you can garnish his wages by serving an income execution on his employer.  There are very technical rules which require compliance, so I suggest you retain an attorney.  Most collections lawyer will handle this on a 1/3 contingency fee basis with you being responsible for court costs and service fees.  For more information, please visit my website www.nathansonlaw.com... Read More
You can start Judgment Enforcement Proceedings by serving his banks with an Information Subpoena and Restraining Notice and you can garnish his wages... Read More

I have been stuck making the last 6 payments on a car that I cosigned, called bank to tell them I can''t continue, do I have any other resources?

Answered 13 years and 7 months ago by attorney Mitchell A. Nathanson   |   1 Answer
If you believe the vehicle is worth more than your remaining payments and you have the ability to transfer title you may allow creditor to take possession for purposes of resale in exchange for a release of the balance due, prior to your next payment. You should not need an attorney, but you may wish to retain one to help facilitate. Please feel free to visit my website www.nathansonlaw.com... Read More
If you believe the vehicle is worth more than your remaining payments and you have the ability to transfer title you may allow creditor to take... Read More

How can I get student loan forgiven?

Answered 13 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Your only option is the William Ford Program, which you can see at the Department of Education website.  You have to pay your disposable income for 20 years as determined by the website, and then the balance is written off. 
Your only option is the William Ford Program, which you can see at the Department of Education website.  You have to pay your disposable income... Read More

I lend $450,000 to my brother with 10% intrest and he passed away 2 yrs ago,and I paid for his and his son''s funeral expenses also ($48,000).and

Answered 13 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
It sounds like you were paid back for everything you lent, but it is hard to follow the money.  I do not see the connection between the loan to your brother, and the payment from your sister, and the unrelated loan to your sister in law, but the recitation of the prior loans makes your story confusing.... Read More
It sounds like you were paid back for everything you lent, but it is hard to follow the money.  I do not see the connection between the loan to... Read More

i have a promisory note $575,000 but it''s not notarized.is there any problem if she denied the claim or how that affect?

Answered 13 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Notes are not notarized generally.  I do not see a problem.  However you do need the original note to make a legal suit go easily.
Notes are not notarized generally.  I do not see a problem.  However you do need the original note to make a legal suit go easily.

why is that the statute of limitations eight years and three months?

Answered 13 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
It isn't, and I have no idea what legal topic you are talking about.
It isn't, and I have no idea what legal topic you are talking about.

I would like to know,what is the percentage usually lawyers charge for collections? and which is better rate ? percentage or hourly rate?

Answered 13 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
There is not any fixed amount.  It depends on the size of the debt, the debtor, and other issues.  Ten percent to 50 percent can be charged.  Whether hourly is better depends on the size of the debt.
There is not any fixed amount.  It depends on the size of the debt, the debtor, and other issues.  Ten percent to 50 percent can be... Read More

can Bank of America chase me for the balance of my contract with them for a motor home,if I sell for less than the balance owed to BofA...balance 65K

Answered 14 years and 3 months ago by Richard John Meier IV (Unclaimed Profile)   |   1 Answer
Yes. The difference is called a deficiency balance, and you are legally liable for it under the contract.
Yes. The difference is called a deficiency balance, and you are legally liable for it under the contract.

How do I settle a debt which I am not at fault?

Answered 14 years and 4 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
I will assume that the trustee in bankruptcy for the hospital, or a collection agency/attorney on its behalf is bringing this claim? However, if not, the collection company has no authority. You should consult with local counsel and discuss this issue in detail. Gerry Wendrovsky, Esq.www.upperwestsidelawyer.com    ... Read More
I will assume that the trustee in bankruptcy for the hospital, or a collection agency/attorney on its behalf is bringing this claim? However,... Read More
Collections
New York

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