×
Go back to Martindale-Avvo ➔

New York Debtor And Creditor Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
136 legal 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 2
Do you have any New York Debtor And Creditor questions page 2 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

Being sued by a deceased friend's wife for a loan she says i didnt pay back

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   2 Answers
You need to answer the case.  As this deal was not documented by either side, you clearly have defenses.  It would not be that expensive to defend.
You need to answer the case.  As this deal was not documented by either side, you clearly have defenses.  It would not be that expensive to... Read More

My check has been garnished for a previous medical bill for the past ten years I don't believe i have a judgment against me

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
By definition, the garnishment means there is a judgment.  The statute of limitations is for bringing a suit.  A judgment lasts for 20 years.  You cannot have two garnishments at once.  At most, 10% of your pay can be taken under NYS law.
By definition, the garnishment means there is a judgment.  The statute of limitations is for bringing a suit.  A judgment lasts for 20... Read More

Are HSA Accounts protected against law suits

Answered 8 years and 9 months ago by attorney Lori Nevias   |   1 Answer
Your wife's HSA is likely exempt from garnishment, but her salary may not be. If your wife's HSA (Health Savings Account) was set up under the Federal ERISA (Employee Retirement Income Security Act) statute, it is exempt from garnishment by judgment creditors. As far as your wife's salary, between 10 and 25 percent of it is likely subject to garnishment, depending upon her salary, unless it is very low, in which case it would be exempt from garnishment.  ... Read More
Your wife's HSA is likely exempt from garnishment, but her salary may not be. If your wife's HSA (Health Savings Account) was set up under the... Read More

What are my options if I put my name on a loan for a car for a friend but the person isn't making the payments?

Answered 8 years and 9 months ago by attorney Lori Nevias   |   1 Answer
You need to sue your former friend for unjust enrichment and replevin (to get the car back). You need to not only get the car to give back to the dealer (if she really doesn't plan to pay once she finds out you wont continue to do so) but also a judgment against her for all the payments you made for the car. A lawyer's letter might do the trick once she finds out you intend to cooperate with the bank to help them locate and repossess her car, and stop making the payments.  ... Read More
You need to sue your former friend for unjust enrichment and replevin (to get the car back). You need to not only get the car to give back to the... Read More

What are my options if I put my name on a loan for a car for a friend but the person isn't making the payments?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
It is a problem.  You cannot take the car because it is registered to her.  You can sue in civil court for what you paid, but what evidence do you have it was not a gift, and she owes you.
It is a problem.  You cannot take the car because it is registered to her.  You can sue in civil court for what you paid, but what evidence... Read More

We live in NY my husband is not in the best of health. Will Ibe resposible for his credit card debt? They are solely in his name.

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
You are not liable as a matter of contract.  If debts are for "necessaries" which are food, medical care, etc., then technically you can be liable but credit card companies rarely sue based on this.
You are not liable as a matter of contract.  If debts are for "necessaries" which are food, medical care, etc., then technically you can be... Read More

Is NY a spouse information sharing state?

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
What you are being told is gibberish.  Sounds like a scam.
What you are being told is gibberish.  Sounds like a scam.

I need assistance with fire department violations

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
In addition to a lawyer, you might need a plumber to clear the violations by certifying compliance with the law.  No one could comment on the violations without seeing them.
In addition to a lawyer, you might need a plumber to clear the violations by certifying compliance with the law.  No one could comment on the... Read More

When a spouse dies will their family be responsible to pay medical bills?

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
Sometimes medical bills of the first to die spouse are the responsibility of the survivor under the rule of necessaries.  No one else has this obligation, including kids.  But, medical institutions do not always sue people who died under their care.
Sometimes medical bills of the first to die spouse are the responsibility of the survivor under the rule of necessaries.  No one else has this... Read More

I signed an agreement to borrow money up to $7,000.00 at 6% a month payable in 1-3 months. Can I be sued if I can no longer pay within the terms?

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
Yes, definitely.
Yes, definitely.

JUDGEMENTS FROM A LAW FIRM

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
This is an unusual situation.  The judgment must be large.  Both you and he need a lawyer.  You also need to deal with the judgments.
This is an unusual situation.  The judgment must be large.  Both you and he need a lawyer.  You also need to deal with the judgments.

recovery of money owed

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   2 Answers
You did not post your location, but that will impact the answer.  In NYC, Civil Court claims can be up to $25,000.  Outside of the City, claims must be $15,000 or less for district or county court.  While claims in these inferior courts can be handled cheaply, if Supreme Court is required the cost goes way up.  Legal fees will not be included in any judgment.... Read More
You did not post your location, but that will impact the answer.  In NYC, Civil Court claims can be up to $25,000.  Outside of the City,... Read More

My name is Karen Webber. Is your law firm handling my case with the bank of Omaha?? I haven't authorized your representation and would like to stop i

Answered 9 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
Hello Karen, To which firm is this inquiry directed? Mitchell Nathanson
Hello Karen, To which firm is this inquiry directed? Mitchell Nathanson

i have a car loan company issue where the car was surrenered due to missed payments. sold at an auction and now i have to make up the difference??

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
Of course you have to make up the difference.  You owe the loan.  You will be sued eventually if you do not pay.
Of course you have to make up the difference.  You owe the loan.  You will be sued eventually if you do not pay.

Can I take someone to small claims who owes me money?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   2 Answers
Anyone can sue anyone.  However, you must have some proof -- a check, an email saying thank you -- something.
Anyone can sue anyone.  However, you must have some proof -- a check, an email saying thank you -- something.

Can a judgement take our car? If so do they pay off the loan?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
There are several issues.  TO answer your direct question, if the car was taken by the judgment holder then it would need to pay off the lien from the lender.  Generally, judgment holders do not take cars for this reason.  However, if the judgment was on default and the papers were forged, he can move to open the judgment and have it canceled.  However, this would require reporting the forgery.  Child support is based on income, and no one can increase it for spite.  There are strict guidelines setting the amount.... Read More
There are several issues.  TO answer your direct question, if the car was taken by the judgment holder then it would need to pay off the lien... Read More

I'm a NY company, out of state complany owes money. Do I file for small claims in NYS or in their state?

Answered 9 years and a month ago by attorney Mitchell A. Nathanson   |   1 Answer
Unfortunately, you are out of all realistic options.
Unfortunately, you are out of all realistic options.

If I pay what's owed, will my repo order stop immediately and will they stop

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
Yes, but what is owed may include fees for setting up the repo.
Yes, but what is owed may include fees for setting up the repo.

I could not pay the debt of my credit card and left US 16 years ago. What happens if I enter US?

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
The statute of limitations has expired on bringing a new lawsuit, so the issue is whether there is an existing judgment against you.  You can find out by running your credit report under your social security number.  If so, you can hire a lawyer, while still overseas, to make a motion to have it vacated.  At that point you can settle it, or maybe have it marked off entirely.  Having a civil judgment will not impact your visa applications or customs check at border.... Read More
The statute of limitations has expired on bringing a new lawsuit, so the issue is whether there is an existing judgment against you.  You can... Read More

I need help getting a loan back

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue.  Call a lawyer.  Your rights are governed by the documents which no one has seen.
You can sue.  Call a lawyer.  Your rights are governed by the documents which no one has seen.

Do l sign reaffirmation agreement to regain aid

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
I have not seen the agreement, but as you owe the money on the old loans anyway, reaffirming you owe seems like a non-issue.
I have not seen the agreement, but as you owe the money on the old loans anyway, reaffirming you owe seems like a non-issue.

I'm being told that I have a $20.00 balance from Dec. 2003 for a Rx mail order drug. After more than 13 years, can they expect to hold me liable

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
The company can hold you liable, but you cannot be sued for this claim as the statute of limitations has expired.
The company can hold you liable, but you cannot be sued for this claim as the statute of limitations has expired.

How long do I have to file suit for default of payment for personal loan

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   2 Answers
Six years from the date of the last payment.
Six years from the date of the last payment.

I received a notice of judgement against me. How do I pay this judgement? I have no idea how or where to contact the judgement creditor.

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to pay the attorney, and get a satisfaction of judgment form in return to file with the court.  For a couple of hundred dollars an attorney can facilitate this process but it is not necessary or required.
You need to pay the attorney, and get a satisfaction of judgment form in return to file with the court.  For a couple of hundred dollars an... Read More

I would like to buy a coop in NJ, the problem is that there is a money judgment against me, can the creditor levy my share in the coop

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
Because a judgment creditor can theoretically levy the coop, the co-op board will not approve you as a buyer due to the judgment.  Moreover, a lender will not likely give you a mortgage.  You need to deal with the judgment.  Make a plan to pay it and get it removed.
Because a judgment creditor can theoretically levy the coop, the co-op board will not approve you as a buyer due to the judgment.  Moreover, a... Read More
Debtor and Creditor
New York

Helpful Resources