In New York, civil action for unpaid wages is considered a debt collection claim. Unpaid wages are considered a “breach of contract,” as the employee fulfilled their terms of employment but the employer breached the “contract” by failing to pay the employee as agreed. You do not need to have
The manner in which you execute an affidavit to support your debt collection case will impact whether the court admits it as evidence. Here are some tips to ensure you properly execute an affidavit to support your New York debt collection case. New York creditors who sign affidavits before a
Thought you let enough time pass to avoid a debt collection counterclaim in your lawsuit? Think again. Every case has a shelf-life — known as the statute of limitations — the time in which you can bring a case to court. The type of case you file will determine the
Ms. Jocelyn Nager, the managing partner of Frank, Frank, Goldstein & Nager P.C., a New York law firm devoted to the collection of bad debt, has been named “Super Lawyer” for the fourth consecutive year. Super Lawyers is a rating service that features outstanding lawyers from more than 70 practice
Sometimes it pays not to be a New Yorker. A recent change to New York’s Civil Practice Law and Rules will benefit non-New York residents. The new law allows a party to obtain a judgment by confession, allowing the other party to admit they’re indebted for a sum of money
Over the past few years, there has been a marked increase in the number of debt collection lawsuits filed in the civil courts in New York City. Even if you’re not filing debt collection cases, the rise can still affect you. New York’s civil court is the city’s lower court.
Business owners might think if the work done by an independent contractor or vendor was insufficient, they can issue a stop payment order on the check with their bank as a solution. While business owners may think issuing a stop payment only hurts the contractor, third-parties may also suffer unintended
If you are counting on the fact your debtor won’t show and you will win your New York Debt collection case on a default judgment, don’t. The number of default judgments awarded in New York debt collection cases is declining. Based on statistics reported in the Wall Street Journal, the
Unfortunately, debt collection scams are becoming more commonplace. Any imposter can try to collect a debt that might not be due. Some scammers are even targeting debt collection attorneys. How can you tell if you received a call or letter from a real debt collector? The New York State Society
Make sure you obtain your customer’s taxpayer identification number (TIN) and social security number (SSN) when doing business with them. Having their TIN and SSN can help you in your New York debt collection efforts. If you are working with individuals as guarantors, or in another capacity, be sure to