In April, following an investigation by Attorney General Leticia James’ office, Pathward (formerly known as MetaBank) was required to refund money to account holders after unlawfully sending frozen deposits to creditors. In addition to refunding the monies, the bank also had to pay penalties for the unlawful freezing of the
Seeking to keep a debt collection claim alive by sending repeated invoices or statements to delinquent customers? You may be surprised to learn how the invoice date affects your New York debt collection case. New York’s statute of limitations dictates your ability to start a debt collection claim in New
New York debt collection laws allow judgment creditors many ways to collect from debtors. One option available is to take over or “charge” a judgment debtor’s interest in an LLC or limited liability company. An LLC is a separate entity that offers personal liability to each of the shareholders or
You made a wire payment based on the instructions you received. Unfortunately, the instructions were fraudulent and the payment never reached the vendor. Can you be required to pay again if you made a payment based on fraudulent wire instructions? Wire and ACH payments are preferred to paper checks, credit
CNN reporter Fredericka Whitfield interviewed Jocelyn Nager, president of Frank, Frank, Goldstein & Nager on Sunday, March 24 to discuss former President Donald Trump’s civil fraud case. Reports stated it may not be possible for the former president to bond the state’s nearly half-billion ($500,000,000) judgment. Following the interview, the
On March 5, 2024, New York State Attorney General Letitia James filed a lawsuit against Yellowstone Capital, a merchant cash advance company, for orchestrating a predatory lending scheme. The lawsuit also names Yellowstone’s founders individually, and 30 other subsidiaries and officers. The petition alleges Yellowstone exploits small businesses through fraudulent
Looking to domesticate an out-of-state default judgment in New York? If so, then you will need to know the judgment debtor’s address in order to serve them as per New York state rules. Service is necessary in order to domesticate a judgment in New York. New York does not recognize out-of-state
A mechanic’s lien on a private improvement is good for one year and one year only in New York. Suppose nothing is done to extend a mechanic’s lien before the expiration of the initial one-year period. In that case, the lien on the underlying real property will lapse, and you
To enforce your rights to get paid, you filed a New York debt collection case. It’s only when the debtor (now defendant) defends the case that you learn you failed to comply with a local law or ordinance. What are the penalties for debt collection non-compliance? Does the fact that
A merchant cash advance or MCA agreement is the provision of a lump sum of cash by a merchant cash provider in exchange for future receivables. While technically not a loan, there is the expectation that the receiver will pay back the provider a larger amount of future receivables—essentially a