Blog

Nassau County Imposes Extra Requirement to Obtain Debt Collection Judgments

Nassau county court house sign to represent nassau county debt collectionInterested in entering a judgment to get closer to collecting in your New York debt collection case? If so, and you sued in Supreme Court, Nassau County, you will want to know about an extra requirement to obtain a default judgment in your debt collection case.

As we wrote in a previous post, New York’s unified court system is not exactly unified. Counties may have additional requirements especially when it comes to entering a default judgment. Nassau county has jumped on the bandwagon with requirements that afford commercial and consumers additional protection regardless of whether they were directly affected by the pandemic.

Usually, if a judgment creditor sues for a liquidated sum, upon presentation of proper evidence and carefully prepared papers referred to as a judgment roll, the clerk can enter a judgment without direction from a judge.

Continue reading “Nassau County Imposes Extra Requirement to Obtain Debt Collection Judgments”

Read more...

Which Court Hears Your New York Debt Collection Case Makes a Difference

Image of a gavel in front of a court house to represent new york debt collection courtIf the New York court system is unified, does the court you choose to file your New York debt collection claim in make a difference? An outside observer would believe the court’s unified title implies that each of the 62 counties of the New York State Judiciary operates under the same procedures as the others. The reality is actually quite different.

Many of New York’s 62 counties have their own distinct rules, requirements, and procedures, even those in adjoining counties. These differences can present themselves in a variety of ways, including the following circumstances:

Continue reading “Which Court Hears Your New York Debt Collection Case Makes a Difference”

Read more...

Does Paying Personal Expenses From Your Business’ Account Create Liability For Your Company?

Piles of money to represent Paying Personal Expenses from Business AccountLast week’s highly publicized investigation into a well-known New York business and its practices by the Manhattan district attorney caught the attention of many. Criminal investigation and politics aside, we want to use the Manhattan DA’s subpoenaing power to show how easy it is for a third party to obtain company banking records. What are the implications for paying personal expenses out of the business’ account? Does paying personal expenses for yourself, your family, employees, and others subject your company to liability?

Although the motivations for the subpoenas are focused on the criminal end, it should be noted that if a company pays education tuition, medical, or any other personal expenses from company funds, corporate barriers that protect an owner’s personal assets risk coming down.

Continue reading “Does Paying Personal Expenses From Your Business’ Account Create Liability For Your Company?”

Read more...

Judgment on Default or Judgment on the Merits? Why It Matters in NYS Debt Collections.

Gavel and scales to represent Judgment on Default When calling a New York debt collection lawyer for help pursuing or defending a judgment obtained in New York or elsewhere, one of the top questions asked is whether the judgment was obtained on the merits or on default. The rationale behind the question is that when it comes to New York City, the distinction truly makes a difference.

Unlike New Jersey, which accepts judgments obtained from other states regardless of whether they were obtained on the merits or on default, New York does not. As opposed to other states and jurisdictions, New York draws a distinction between judgments obtained on the merits and those obtained on default when it comes to vacating judgments and recognizing out-of-state judgments.

Continue reading “Judgment on Default or Judgment on the Merits? Why It Matters in NYS Debt Collections.”

Read more...