“It’s on our invoice!” Wondering if the printed language appearing on your invoice is enforceable if you go forward with a NY Debt Collection claim? More and more creditors are including language on invoices anticipating non-payment by customers. But what happens when the customer defaults? Does the fact that
As millions of people stayed home during the pandemic, they turned to digital entertainment services, meal delivery services, clothing subscriptions, and online diet and exercise programs. This gave businesses the incentive to shift to a digital subscription model. At the same time, many businesses adopted deceptive subscription marketing policies that
On Tuesday, January 9, New York Governor Kathy Hochul delivered the 2024 State of the State address, discussing certain changes that will affect debt collection within the state. Hochul made it clear that the state will assist consumers in New York by adding greater consumer protections—a plan that will affect
New York State has made it even easier for parties involved in a New York debt collection case to pursue their claims. Effective January 1, 2024, New York State will no longer require an affidavit to support NY debt collection cases. This is good news, as the absence of this
Having not been paid by your client, you filed a mechanics’ lien, liening underlying property to protect your right to payment. However, the mechanics’ lien you filed was bonded. What does that mean for you as far as collecting a debt in New York goes? What next steps should you
A general contractor on a construction project has direct contact with the project manager, owner, or developer running the project. The connection, “privity” of contract, results in smoother communication and a higher likelihood of payment to the general contractor. The general contractor is typically the first to know of missing
Congratulations to Jared Turman on being named a partner at Frank Frank Goldstein & Nager PC! This is a significant milestone and a testament to Jared’s dedication and contributions to the firm. Wishing him continued success in this new role. If you haven’t had the chance to work with Jared,
What are the next steps in debt collection when demand fails to produce payment of your claim? If you have a written agreement with your client, the answer may depend on the terms and conditions of that agreement. Some contracts and agreements contain clauses dictating how disputes must be resolved.
Thinking about domesticating your out-of-state judgment in New York? If the out-of-state judgment was obtained on default, you may be concerned that moving to domesticate the judgment will lead the debtor to attempt to claim affirmative defenses. Can a previously defaulting defendant interpose an answer in a debt collection action
Real estate is big business in New York. You don’t need to own property to make money either. As a supplier or service provider, selling to co-ops and condos can be very lucrative. Just like the real estate business, debt collection in New York is also nuanced and has its