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New York Debtor And Creditor Legal Questions

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136 legal [2, *]questions have been posted about debtor and creditor 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 collections, and creditors rights. All topics and other states can be accessed in the dropdowns below.
New York Debtor And Creditor Questions & Legal Answers - Page 3
Do you have any New York Debtor And Creditor questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 136 previously answered New York Debtor And Creditor questions.
Debtor and Creditor
New York

Recent Legal Answers

Bankruptcy

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
Sharon M. Siegel
It did.  Why do you think differently?  If someone is trying to collect something from 2006, show them the discharge order from the case.
It did.  Why do you think differently?  If someone is trying to collect something from 2006, show them the discharge order from the case.

How can I get a debt buyer to drop a judgement against me that was entered in 2007 but I only became aware of now, for a debt I do not recognize?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Sharon M. Siegel
You did the right thing so far, but you are going to have to have more proof at the hearing.  Get the file, and be prepared to show that you were not served by showing where you really lived.  Get the file from the court.
You did the right thing so far, but you are going to have to have more proof at the hearing.  Get the file, and be prepared to show that you... Read Answer

Hello, I'm an unsecured creditor and was wondering steps needed to get either my inventory or money from a company out of state who filed bankruptcy

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Sharon M. Siegel
The debtor's lawyer misled you.  If you had inventory, you needed to assert your UCC lien within 10 days of the filing.  You did not, so you lost your lien.  You will get neither the inventory or the money.  File a claim if there is a time to do so.  Had you asserted a lien, you would have gotten back the goods you supplied.... Read Answer
The debtor's lawyer misled you.  If you had inventory, you needed to assert your UCC lien within 10 days of the filing.  You did not, so... Read Answer

what's our exposure if we do not pay for a chargeback?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Sharon M. Siegel
In theory they can sue you, but they likely will not do so.
In theory they can sue you, but they likely will not do so.

Decedent died 1/6/16 owning his real property in his sole name rather than jointly with his surviving wife. He had a bank account in his sole name

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Sharon M. Siegel
I am not sure who you are relative to the estate, or who "we" is.  If there is no will the wife has the first shot at being administrator.  By law, debts must be paid before distribution, so any of the money can pay the debt.  If you are the creditor, you can form the estate, if no one else will do it, for the purpose of collecting the claim.  The wife does not inherit the debt personally, but is obligated to pay it before taking estate property that could cover the debt.... Read Answer
I am not sure who you are relative to the estate, or who "we" is.  If there is no will the wife has the first shot at being administrator.... Read Answer

Is it legal to be threatened with arrest

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Sharon M. Siegel
It is not legal, and probably a scam.
It is not legal, and probably a scam.

I have a judgement against me and my bank account was confiscated and monies withdrawn. The amount was not anywhere near the amount of the judgement.

Answered 9 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
Sharon M. Siegel
Yes and no.  There are better ways to do this, if the sum is really large.  What you are doing can be challenged, and the other person could take it.
Yes and no.  There are better ways to do this, if the sum is really large.  What you are doing can be challenged, and the other person... Read Answer

got a legal doc stateing of a lawsuit

Answered 9 years and 11 months ago by attorney Sharon M. Siegel   |   2 Answers
Sharon M. Siegel
Sounds like a scam.  Do not pay.  Run your credit report.  A real judgment will be there.  The number does not look like a NY case number.
Sounds like a scam.  Do not pay.  Run your credit report.  A real judgment will be there.  The number does not look like a NY... Read Answer

I need to know if I am responsible for my deceased brother's debts. He died without a will. I am the only surviving relative.

Answered 10 years ago by attorney Sharon M. Siegel   |   2 Answers
Sharon M. Siegel
You need to pay creditors from the sale of the apartment.  You are not personally responsible.  However, if you do not pay, then you would be breaching your fiduciary duty and you would be responsible.
You need to pay creditors from the sale of the apartment.  You are not personally responsible.  However, if you do not pay, then you would... Read Answer

How long for judges decision in small claims court

Answered 10 years ago by attorney Sharon M. Siegel   |   1 Answer
Sharon M. Siegel
Under the court rules, judges have 60 days to make a decision.  Could be longer.  There is no enforcement mechanism.
Under the court rules, judges have 60 days to make a decision.  Could be longer.  There is no enforcement mechanism.

Can 1st Niagara Bank take money from my 1st Niagara checking account to satisfy delinquent 1st Niagara credit card debt

Answered 10 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
Sharon M. Siegel
Yes, they can and they will.
Yes, they can and they will.

My wife and I are separated, and she has borrowed money from me; in the form of bills paid, work I've paid for, and cash advances. What can be done?

Answered 10 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
Sharon M. Siegel
Yes, you can make such an agreement.  It could literally state what you just said, or be a formal note.  However the amount must be a definite amount, and the basis for the debt, called consideration, must be stated.
Yes, you can make such an agreement.  It could literally state what you just said, or be a formal note.  However the amount must be a... Read Answer

I have a Sears account from 2002 and my wages are now being garnished 14 years later is this legal? isn't there a statue of limitation?

Answered 10 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
Sharon M. Siegel
A judgment is good for 20 years.  It must be an old judgment that is now being collected.  You must have done something to flag the creditor on your credit report.  Try to settle the case to get rid of the garnishment or file bankruptcy if you have many other debts.
A judgment is good for 20 years.  It must be an old judgment that is now being collected.  You must have done something to flag the... Read Answer

my question now what should i do if i want to solve debts problems and rebuilt my credit history again?

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
Mitchell A. Nathanson
Make sure to take an English class before you graduate.
Make sure to take an English class before you graduate.

New York Bank Levy

Answered 12 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
Mitchell A. Nathanson
A depositor has 20 days to claim an exemption to a restrained bank account before a levy can occur.
A depositor has 20 days to claim an exemption to a restrained bank account before a levy can occur.

my employer recieved an information subpena about me. do I need to tell her about my bank accounts property sold or who my landlord is??

Answered 12 years and 2 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Mitchell A. Nathanson
Not at all.
Not at all.

Do I owe this medical debt?

Answered 12 years and 2 months ago by Thatcher Stone (Unclaimed Profile)   |   1 Answer
You and the hospital had a dispute, and the agreement you entered in to is what lawyers and judges call an "accord and satisfaction." It is usually binding on the hospital unless you did not make all the payments or breached some other term the hospital considered important. A letter from a lawyer attaching both a copy of the agreement and evidence of all your payments should make them go away.... Read Answer
You and the hospital had a dispute, and the agreement you entered in to is what lawyers and judges call an "accord and satisfaction." It is usually... Read Answer

Unpaid credit card bills

Answered 12 years and 2 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Mitchell A. Nathanson
Civilly, possibly. Criminally, no.
Civilly, possibly. Criminally, no.

What does Submitted mean in regards to appearance outcome?

Answered 12 years and 2 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Mitchell A. Nathanson
That is the correct marking until the hearing.
That is the correct marking until the hearing.

i have a bill me later account and was disabled when i applyed for account have a mental illness didnt know what i was doing what are my options

Answered 12 years and 2 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Mitchell A. Nathanson
If you can prove that you were not in any legal capacity to contract at the time, the contract will be rescinded.
If you can prove that you were not in any legal capacity to contract at the time, the contract will be rescinded.

Can I sue a co-borrower?

Answered 12 years and 3 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Mitchell A. Nathanson
You most certainly can sue him! You should also alert the District Attorney.
You most certainly can sue him! You should also alert the District Attorney.

Law firm in Florida took $13000+ for debt consolidation and never did anything what do I do.

Answered 12 years and 3 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Mitchell A. Nathanson
Have you asked them for your money back or proof that they performed under the agreement?
Have you asked them for your money back or proof that they performed under the agreement?

What do I do If the bank tells me I owe them money for a closed account?

Answered 12 years and 4 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Mitchell A. Nathanson
If you do not owe them money you may ignore them and see if you get sued.
If you do not owe them money you may ignore them and see if you get sued.

What if Collection agencies ask my bank to collect my money and freeze my bank account?

Answered 12 years and 4 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Mitchell A. Nathanson
Only a lawyer or enforcement officer may do so. Negotiate without fear until you are sued.
Only a lawyer or enforcement officer may do so. Negotiate without fear until you are sued.

Can I sue someone who owes me money?

Answered 12 years and 4 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Mitchell A. Nathanson
Sue in Civil Court.
Sue in Civil Court.
Debtor and Creditor
New York

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