What happens to the interest earned on collected debt sitting in your debt collection attorney’s IOLA account? When a creditor hires a debt collection attorney, the attorney aims to collect all that they can, including the principal, interest, and reimbursement of attorney fees. In a perfect world, the creditor would
Would a history of late or non-payment on a person’s credit report, as reported by debt collectors, affect your decision to hire that person? If so, you are part of the reason the New York State Legislature is seeking to ban the use of credit reports in employment decisions. Lenders,
If you’re a business trying to collect on your receivables, you might be wondering if the law considers you a debt collector. Recent changes to New York City’s debt collection rules have broadened the definition. This expansion could affect more businesses than ever before. While these new rules are designed
In the world of debt collection negotiations, timing and persistence are everything. The difference between recovering a debt and losing it altogether often comes down to maintaining momentum. Keeping the debtor engaged, informed, and responsive throughout the process is key to achieving a successful outcome. But what does it look
In January 2025, the CFPB (The Consumer Financial Protection Bureau) released a report as of 2022 detailing the increase of American consumers use of Buy Now, Pay Later (BNPL) loans to purchase goods on line. We had written about the BNPL loans earlier this year voicing concern over the potential
Although debt collection tends to get a bad rap, there are several economic benefits to using a debt collection attorney. If you’re a creditor, using a collection attorney can help improve the efficiency, effectiveness, and legality of the debt recovery process. Unpaid debts can accumulate interest or fees, but if
Numbers tell a story, but you need more to succeed and win your New York debt collection case. Establishing liability between you and your delinquent customer is key. But rather than presenting the documentation to the non-paying client, you need to prove it to the court or arbitrator. You must
Wondering why your lawyer would convey a debtor’s low offer? Doesn’t your debt collection lawyer have your best interests in mind? There are times when an offer is downright insulting. I hate to relay low-ball offers. In a recent case, I shared an offer with my client that was so
Once an execution is sent to a city marshal, fees on any monetary recovery are owed to the marshal. A question that comes up often in our debt collection practice is: What are marshal fees, and who pays them? When you think of the word “execution,” you might imagine an
New York state legislators introduced the FAIR Business Practices Act in early March 2025, in hopes of providing small businesses more ways to defend themselves from unfair, abusive, and deceptive conduct. Protections that are currently only available to consumers within the state. The Fostering Affordability and Integrity through Reasonable (FAIR)