You and your lawyer could open yourselves up to lawsuits if you provide certain information when submitting your debt collection case to the courts. There is information to hide in your submission to the court. You must be mindful of and adhere to the privacy laws. Providing CPI (confidential private information) to the courts in documents where there is public access would be in direct violation of these privacy laws.
When working with an experienced New York debt collection attorney, you can prevent these mistakes by knowing what to leave in and what to redact. While the idea of hiding or information submitted to the courts might sound nefarious at first, it demonstrates respect for and knowledge of the law. Continue reading “Support Information to Hide in Your Submission to the Court in Your Debt Collection Case”
Getting paid can sometimes take longer than expected. But, how long? That depends on whether your client has a deep pocket. And also how long they want to stretch out and avoid payment.
Consider this: A contingency fee is the most common way to handle claims. When there appears to be a possibility of collection, your collection attorney will continue to work on the case until you receive payment.
The same does not hold true for your nonpaying customer. Unless your client is an attorney and will self-represent or has a friend who is a lawyer or one on staff, the corporation you sue for nonpayment must hire counsel to represent them. They cannot represent themselves.
The non-paying customer will have to pay for representation.
Continue reading “How Long Can a Customer Avoid Payment?”
An Order of Attachment could help you get some, if not all, of the monies due you from a delinquent account. This is one of the strongest legal tools when it comes to debt collections in New York.
You may experience a customer closing their doors and leaving with no intention of paying you. They have probably drained all their money from their bank account. They may have also sold assets. This leaves you wondering if you will ever see your money.
The only chance to collect monies due you is to “attach” any of the debtor’s receivables, payables from their customers. This is where an Order of Attachment is a powerful next move.
The issue is time. If you begin a regular debt collection case, you will not have a judgment for at least four months. That’s the best case scenario. But in four months, the debtor will have been paid by their customers and the money collected will be gone.
You need something faster, something more aggressive to be able to capture those funds to satisfy the balance owed. Continue reading “An Order of Attachment Redirects Monies to You”
At some point, it becomes apparent that the debtor’s attempts at resolution are nothing more than delay tactics.
Such is the case currently where a client placed a claim with us for collection.
Our client is an independent contractor. He and the debtor company had been working together for well over a year. Suddenly, the company became delinquent on the weekly compensation. As a remedy, the debtor company’s principal issued a series of postdated checks to our client dated six months out. The parties continued their working arrangement. Six months later, our client began depositing the post-dated checks. One by one the checks returned. Each check was unpaid due to insufficient funds and that added to the debt. Continue reading “When Attempting to Renegotiate the Deal AGAIN Is Just Another Delay Tactic”