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
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
Today, you have six years to collect monies owed from consumer credit transactions. However, a bill approved by the New York Senate seeks to shorten the time to collect consumer credit transactions to three years. In a continuing effort to avoid deceptive collection practices and inequities, the Senate approved Bill
A judgment creditor, seeking to enforce a judgment has many ways to enforce a judgment in New York. The methods they use depend on the collection lawyer’s strategy to satisfy the judgment or, at the very least, bring the judgment debtor to the table. One way to enforce a judgment
Have you received an information subpoena and restraining notice related to a New York debt collection case? If you are unfamiliar with the case and this is the first notice you received, you might be concerned that being served with a subpoena means you’re getting dragged into a lawsuit. Don’t
Interested 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
If 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
Last 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
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
The courts have always preferred NYC debt collection cases be heard on the merits. That’s to say that everyone should have their day in court. Now, after a partial shutdown, we find New York city courts taking it a step further, potentially overreaching a bit, to give debtors and their