Should A Jury Decide Your Debt Collection Litigation Case?

Watching many a courtroom drama may have lead you to believe a jury will hang your nonpaying customer out to dry. Is it really as portrayed in the movies? Is a jury right to decide your debt collection case?

The right to a jury trial.

All parties to litigation, including debt collection litigation, are entitled to a jury trial. That is, of course, unless your underlying agreement with your customer included a provision for both parties that waived their rights. Continue reading “Should A Jury Decide Your Debt Collection Litigation Case?”

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Can You Get Sanctions When There Are Bogus Defenses Used In A Debt Collection Litigation?


Sanctions on Bogus DefenseA debt collection litigation can spur bogus defenses from a debtor who is attempting to minimize or avoid their payment obligation. There may be cases where debtors have a legitimate reason for withholding payment. However, there are enough cases of bogus defenses that the courts have made accommodations to protect the creditor and penalize the debtor.

This could happen to you. It might be happening now. Sanctions in these cases are typically granted when a debtor uses bogus defenses in debt collection litigation. Continue reading “Can You Get Sanctions When There Are Bogus Defenses Used In A Debt Collection Litigation?”

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New York Collection Attorney: Lay the Foundation to Build Your Case

Image result for building the foundationIn order to best represent your interests, understanding the underlying transaction is key for your New York Collections Attorney. The facts together with the supporting documents will lay the foundation to build your case.

An explanation of the customer’s reason for non-payment, if any should be divulged at the onset. Doing so will help Continue reading “New York Collection Attorney: Lay the Foundation to Build Your Case”

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NY Debt Collection Blog: Protect Yourself with Favorable Terms and Conditions

There are many excuses customers can hide behind to avoid payment. By doing a little work in advance of the sale you can overcome your buyer’s objection to payment by incorporating favorable Terms and Conditions in your contract.

Reasons for non-payment vary based upon industry. The excuses need not be creative or original.  Most often the seller can anticipate the Continue reading “NY Debt Collection Blog: Protect Yourself with Favorable Terms and Conditions”

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