In New York, civil action for unpaid wages is considered a debt collection claim. Unpaid wages are considered a “breach of contract,” as the employee fulfilled their terms of employment but the employer breached the “contract” by failing to pay the employee as agreed. You do not need to have a written employment contract to be sued for breach of contract.
If sued in New York, withholding wages from your employees can cost you more than just their unpaid salary. An employee can file a civil action to collect unpaid wages. As part of the lawsuit, the begrudged employee can ask the court to award additional damages to punish you for wrongdoing.
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The manner in which you execute an affidavit to support your debt collection case will impact whether the court admits it as evidence. Here are some tips to ensure you properly execute an affidavit to support your New York debt collection case.
New York creditors who sign affidavits before a notary fulfill all the requirements for the affidavit to be considered as testimony. In the court system, if the notary is a New York notary the court will accept the affidavit without needing further documentation.
But if someone wants to submit an affidavit notarized outside New York, it can get complicated.
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Thought you let enough time pass to avoid a debt collection counterclaim in your lawsuit? Think again.
Every case has a shelf-life — known as the statute of limitations — the time in which you can bring a case to court. The type of case you file will determine the statute of limitations. In New York, the sale of goods covered under the Uniform Commercial Code is four years. For services rendered — both professional and non-professional — the limit is six years.
There are, however, situations in which the statute of limitations can be extended, or tolled, in New York.
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Ms. Jocelyn Nager, the managing partner of Frank, Frank, Goldstein & Nager P.C., a New York law firm devoted to the collection of bad debt, has been named “Super Lawyer” for the fourth consecutive year.
Super Lawyers is a rating service that features outstanding lawyers from more than 70 practice areas. The list recognizes no more than 5 percent of attorneys in each state.
Lawyers featured have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.
Jocelyn was awarded an “AV” rating by her peers. The “AV” rating goes to lawyers who hold the highest ethical standards and legal ability.
Super Lawyers is a service of Martindale Hubbell, an information services firm for the legal profession. The IT giant publishes the Martindale-Hubbell Law Directory, providing background information on lawyers and law firms across the U.S.
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