NY Debt Collection Attorney Update: Electronic Discovery’s Impact on Your Case

NY debt collection attorneys have a duty to inform you of E-discovery, the exchange of electronically stored information (ESI). Data stored in electronic format may be necessary to win your case. All electronic information (including voicemails) relating to a claim that may be brought by you or against your company are discoverable; subject to review by your opponent as possible evidence in your case.

Your attorney has an obligation to notify you to place a “legal hold” on the information, maintaining the electronically stored information in a retrievable form. If the records are destroyed and you are unable to restore the information or access the records you may lose your case.

Most recently, we had a client who was owed a substantial amount, almost $500,000.00. Because the relationship was a few years old, most of the documentation was stored on an old hard drive. Because of client’s inability to access some of these documents, which were needed to support their position, they ended up losing the case.

When defending a case brought against you, if the electronically stored records have been deleted you may be ordered by the Court to restore the documents at your cost.

If you think you have a claim that will go to Court, either by you or by someone suing you, it is important to have access to all the electronic records. You must be able to provide the information as possible evidence so that your debt collection attorney can help you win your case and collect your money.

For further information or to place a claim, please call (212) 686-0100 or email jnager@ffgnesqs.com.

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