Citing persistent abuse and a lack of state oversight, New York Governor Andrew Cuomo introduced an initiative requiring debt collection firms to become licensed with the state. A first for collection agencies operating in New York, the proposed legislation will … Continue reading
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How an Incorrect Business Address Can Lead to a Default Judgment
Don’t forget to double-check to see if the address on file with the New York Department of State for your company is correct. An incorrect address can lead to a default judgment. If your address is incorrect, you won’t receive notice of a pending lawsuit. That lack of notice can lead to a default judgment.
A client contacted us to vacate a default judgment entered against her company. Not only did the client claim she paid most of the debt, she swore the company never received notice of the lawsuit.
It turns out, she was right!
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Read more...How an Exaggerated Mechanics Lien Can Harm Your Debt Collection Case
After improving the value of real estate and not getting paid, you filed a mechanics lien. Because you believed you were entitled to more, you filed the exaggerated mechanics lien for more than owed to you under the contract.
Due to this additional amount, the lien is now “exaggerated.” According to New York Lien Law Section 9, your mechanics lien should represent the unpaid amount of labor or materials. Therefore, exaggerated liens harm the recovery of your New York debt collection case.
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Read more...Can a New York Judgment Get an Extension Past 20 Years?
It may have been almost 20 years since you sued and entered your New York debt collection judgment, but you haven’t collected any monies. Since the judgment is set to expire, can your New York judgment get an extension past the deadline?
New York State judgments are valid for 20 years. A judgment can act as a lien on real property for ten years which may be extended for an additional term if you to take affirmative action. Our prior article explaining how to extend your New York debt collection judgment lien details the steps needed to extend the lien period past the initial ten years afforded by the judgment.
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