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I have a former friend that owes me about $7000. The person was sued in small claims originally but the case was dropped because the person agreed to a notarized debt settlement agreement, which asked the person to make monthly payments for about 15 months. It's been over 12 months, and I have yet to receive a single payment. How do I get the money back and can I sue for more for the wasted time? I'm in Manhattan, NYC
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Small claims court goes up to $5000. You claim you are owed $7000, but you must have stated in the complaint you were owed $5000. Unless your agreement is rock solid, this is an issue. Your agreement requires another lawsuit. You get interest from the missed payments, but not lost time. You need to do it in Civil Court to get $7000. I charge a flat fee of $1500, including service of process and filing, if the case defaults or settles. If I have to go to court, then I need to charge more.Michael D. Siegel, Esq.Siegel & Siegel, P.C.One Penn Plaza, Suite 2414New York, New York 10119212-721-5300
Answered on May 06th, 2018 at 4:34 PM