You may hear a client claim that the person who requested the goods or services or, in some cases, who signed the contract, had no authority to do so. As a result, the client refuses to pay. Who can sign a contract and can a debtor refuse to pay on
In order to allow creditors time to file actions that might have gone past the statute of limitations due to the shutdown of the New York courts during the COVID-19 pandemic, the governor issued a series of executive orders that have had long-term effects on New York debt collection litigation.
Debt collection is an essential service, especially in situations where your client doesn’t pay in advance. Most, if not all, businesses will utilize a debt collection service to pursue payment owed by individuals or businesses. In New York, there are differences between commercial vs consumer debt. This article will explain
Looking for a debt collection attorney but not sure where to begin? There are a lot of debt collection law firms and debt collection agencies available to choose from. What’s best for your individual case, however, isn’t always easily ascertainable from a simple online search. When it comes to search
There are many downsides to merchant cash advances. A merchant cash advance, or MCA, is a type of financing agreement for businesses. An MCA company purchases a portion of a business’s future revenue in exchange for a lump sum. That money is often repaid with a percentage of the business’
Most summons and complaints filed in New York debt collection cases are worded specifically with the necessary buzzwords and demand a certain sum. If the debtor defaults in the case, fails to appear or answer, the creditor’s debt collection attorney can then submit a judgment to the clerk for signature.
Many people believe a recession would be good for the debt collection industry. They think more debt leads to more collectible debt, more collections, higher returns to clients, and increased fees to debt collection firms. Despite popular opinion, a recession does not benefit the debt collection industry or an individual
What is a contingency fee? When you agree to pay a contingency fee to your attorney, you only need to pay if the attorney collects on your debt. Payment for your attorney is “contingent upon” you receiving at least some of the monies owed to you. This differs from non-contingent
Depositions are usually called “EBTs,” or examinations before trial. In a commercial debt collection case, depositions usually consist of one party’s attorney deposing a representative of each side that has personal knowledge of the transaction between the parties. The purpose is for each side to obtain follow-up answers that usually
The New York legislature passed many new laws in 2022, some of which directly affect New York debt collection. We reported on many of these laws including: Cutting the statute of limitations in half to collect medical and consumer debt from six years to three years. Decreasing the legal rate