Staff, Author at Frank, Frank, Goldstein & Nager

Best Practices to Enforce a Judgment

StaffSeptember 23, 2021September 23, 2021

A client of ours in the waterproofing business asked for our best practices when enforcing a judgment. Best practices would generally infer that judgment enforcement is the same no matter the creditor’s industry, but that’s not the case. Best practices to enforce a judgment differ based on the judgment debtor’s location, industry, and more.

The preliminary steps to investigate the collectability of most judgments and judgment debtors are the same. Past that, the strategy differs. For the sake of this article, let’s look at the judgment entered in favor of our waterproofing client.

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You May Be Responsible for Your Customer Double Debiting Checks

StaffSeptember 13, 2021

Photo of a person holding a phone to represent Double Debiting Checks Once the Check Clearing for the 21st Century Act (Check 21) came into effect in 2004, banks could handle checks electronically thereby increasing the speed of check processing and reducing the costs of handling and transferring physical checks. Today, most financial institutions offer a mobile deposit option that lets people deposit checks through an app on their phones. While this is convenient for depositors, it also allows for fraudulent activity such as double debiting checks.

Double debiting occurs when a person deposits a check virtually through their bank’s app and in-person at a check-cashing store. When the check casher puts the check into their account and presents the check image to the check makers’ bank for payment, the check won’t clear because it was already paid in the first mobile deposit. This action also breaches the warranty the person made when depositing the check through their phone.

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New York Issues New Consumer Debt Collection Requirements for Creditors Pursuing Legal Action

StaffJuly 20, 2021

Image of a $100 bill turned into a puzzle to represent new requirements for consumer debt collection. After New York Governor Andrew Cuomo signs the Consumer Credit Fairness Act (S.153/Thomas) into law, many creditors will need to provide significant documentation in order to file a debt collection action against their non-paying consumers. The proposed law, which the Senate approved in May, shortens the time to collect consumer credit transactions from six years down to three. The law also mandates new consumer debt collection requirements including additional information in court filings about the past-due debt. Creditors must provide specific information identifying the amount owed as well as proof that the consumer owes that debt.

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How to Collect on a Judgment in New York

StaffJuly 13, 2021July 13, 2021

Photo of a gavel to represent judgment enforcement and how to collect on a judgmement. Is your New York judgment valid? If so, you will need to know how to collect on a judgment so it can get you paid. Article 52 of New York State Civil Practice Law and Rules authorizes judgment enforcement in New York. Within the statute, New York gives creditors liberal rights and remedies to collect their judgment largely without court intervention.

Once the judgment is entered, you must provide the requisite notice of entry, if required. Then you can begin to execute on the judgment bringing you closer to getting paid. Executing on the judgment gives the creditor, or their attorney, the ability to convert paper into money. This can be achieved through:

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