New York Debtor And Creditor Legal Questions

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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 6
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Recent Legal Answers

Buy the note from the bank and foreclose.
Buy the note from the bank and foreclose.
The creditor can enforce the Judgments for up to 20 years in New York (and sometimes even more).  If you were never on notice, then you may be entitled to vacate the judgments likely entered on default.  I'd suggest you contact a lawyer in your area who handles these matters. PLease feel free to visit my website, www.nathansonlaw.com for more information.... Read More
The creditor can enforce the Judgments for up to 20 years in New York (and sometimes even more).  If you were never on notice, then you may be... Read More
This is something my office handles. Where are you located?  Please visit my website, www.nathansonlaw.com for more information.
This is something my office handles. Where are you located?  Please visit my website, www.nathansonlaw.com for more information.
You need to bring a motion in the court that issued the judgment to get it vacated.  I do this for $800.
You need to bring a motion in the court that issued the judgment to get it vacated.  I do this for $800.
This means there was a lawsuit and a judgment you were not aware of either.  If the judgment is in NYC, for $800 I can get it vacated so you can defend the case and this will stop the garnishment right away.
This means there was a lawsuit and a judgment you were not aware of either.  If the judgment is in NYC, for $800 I can get it vacated so you can... Read More
I suggest you wait till they send out the account for collection. At that time, a collector who gets a commission will contact you and want to settle.
I suggest you wait till they send out the account for collection. At that time, a collector who gets a commission will contact you and want to settle.
In most bankruptcy cases student loans are not dischargeable debts.  In some cases, the debtor, or in this case co-debtor, can apply for a hardship with regards to the loan, but these are extremely difficult to obtain.  You should speak with a local bankruptcy attorney, as there may be other options available, or you may qualify for the hardship. Each case is different, and needs to be examined individually. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read More
In most bankruptcy cases student loans are not dischargeable debts.  In some cases, the debtor, or in this case co-debtor, can apply for a... Read More
I suggest going to the court house and asking the court clerk very nicely for direction. You may be able to proceed on your own. There may be filing fees involved in a garnishment order. You will likely need to garnish the wages of the defendant.  
I suggest going to the court house and asking the court clerk very nicely for direction. You may be able to proceed on your own. There may be filing... Read More
Generally speaking, the cost of attorney fees involved in overturning a default judgment is not worth the money or risk involved in this type of case.
Generally speaking, the cost of attorney fees involved in overturning a default judgment is not worth the money or risk involved in this type of... Read More
There are a few things you can do.  You can file a bankruptcy case (most likely a Chapter 7) and seek a determination that repayment of the loans will constitute an "undue hardship" on you.   The evidence needed for that varies from district to district so you should consult with a bankruptcy attorney in your area. Even if you don't qualify for the undue hardship, you could likely do a Chapter 13 case with a much lower monthly payment than is presently being garnished.  While it wouldn't discharge the student loan debt, it will give you a way to free up some cash.  In any event, it's worth exploring those options. Another important option is consolidating your loans with the Direct Loan Servicing Center and doing an income contingent repayment plan.  You can contact them at http://www.loanconsolidation.ed.gov/ You will likely first have to bring your loans out of default, but that can usually be done one time fairly easily. More information on student loans in general can be obtained at: http://www.studentloanborrowerassistance.org/   Hope this helps.   Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read More
There are a few things you can do.  You can file a bankruptcy case (most likely a Chapter 7) and seek a determination that repayment of the... Read More
The collection company would have to sue your father and/or his company. There is no 'lien' that can be put on the company without a lawsuit. He should be prepared to defend the claim when it becomes a lawsuit, by consulting in advance with a qualified attorney. Gerry Wendrovsky, Esq.www.upperwestsidelawyer.com    ... Read More
The collection company would have to sue your father and/or his company. There is no 'lien' that can be put on the company without a lawsuit. He... Read More