Is Free Mediation Coming To Resolve Your NY Debt Collection Claim?

Are you interested to see if mediation would resolve your claim? If so, you will need all parties involved in the dispute to agree. Without total agreement, mediation cannot go forward. If one party does not want to mediate, you can’t mediate. This is true even if your agreement provides for mediation of all disputes.

The mediation pilot program offered by the Civil Court of the City of New York is exciting and it is FREE. For now, consumer cases seem to be all they are handling. However, the intention is to expand the program to include B2B disputes. Besides the parties’ total agreement to mediate, the recovery amount in the underlying matter must be within the jurisdictional limits of civil court, which is up to $25,000.00.

Unlike mediation through the Supreme Court, where available, New York civil court mediation is also available for a permitted matter even before filing a lawsuit. In Supreme Court, the Judge can order mediation.  In Civil Court,  the parties can decide on their own to file for mediation. They need not have an active case or a Judge assigned to the case.  One party unrepresented by counsel is sufficient to qualify the case.

The civil court emphasizes that the mediation is free for up to three hours. This makes it convenient and fast. You can potentially reach a settlement in a one- or two-hour session with a mediator. After three hours, there is a $300 hourly fee payable to the mediator. To continue, the parties must agree to pay out of pocket. Continue reading “Is Free Mediation Coming To Resolve Your NY Debt Collection Claim?”

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But My Invoice Clearly States I Am Entitled To More

Charging interest if you sue to collect outstanding debtYour customer fails to make payment. If payment is not made within 30 days your invoice states that you have the right to more than just the contracted price. You carefully included additional terms on your invoice. These terms stood out in bold type. Your invoice stated that you would add 1 1/2% interest per month. You also stated the customer will pay collection costs, attorney fees and finance charges.

Now you seek to enforce your rights to payment. But you discover that you cannot collect the interest and extra charges even though your invoices clearly state that you are entitled. The customer accepted the invoice and raised no objections. Didn’t the customer then agree to all the terms on the invoice? Continue reading “But My Invoice Clearly States I Am Entitled To More”

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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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You Can Collect Damages in Your New York Debt Collection Claim

Your ability to collect monies from a non-paying client in a New York Debt Collection case is most often limited by your very own contract.

The ability to collect monies owed from the customer (damages)  due to their  non-performance: their failure to act i.e.  pay is often dictated by the clauses in your contract.  Along with the monies owed on the transaction(s) in question, referred to as direct damages, there are other damages suffered as a result of non-payment, referred to as consequential damages that you may be entitled to.  Continue reading “You Can Collect Damages in Your New York Debt Collection Claim”

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