One of the most important procedural rules in debt collection litigation is CPLR 3215. The rule governs the entry of default judgments in debt collection cases where the defendant fails to appear or respond, and the plaintiff fails to take action, resulting in the automatic dismissal of the case Why
Using an unregistered trade name on your sales, billing, and other contract documents can affect your ability to collect in New York. If your company uses a trade name, we recommend registering that name with the New York Department of State. Failing to do so may cost you the receivable.
Sitting and listening to other cases before the judge hearing your case can help you learn a judge’s style and expectations. Recently, I was in court appearing on a client’s behalf to collect unpaid tuition. While waiting for our case to be called, I had the opportunity to listen to
For large Fortune 500 companies with strict credit and collection policies, there isn’t a decision to be made about when to send accounts to a debt collection lawyer. When an account meets the criteria, it’s automatically moved. For everyone else, the decision to bring in a debt collection lawyer can
“What’s next?” is one of the most commonly asked questions in the debt collection industry. There are many phases in the debt collection process — from the initial consultation and review of the underlying claim and documentation, to sending demand letters, tracking payment updates, and making recommendations for legal action
Do you owe money and own a co-op apartment in New York? If you’re worried about the property being taken by a debt collection attorney to repay your debt, read on. There is an important distinction between a condominium (condo) and a cooperative apartment (co-op). A condo is considered real
Are you owed money by a business or an individual residing in the state of New York? If so, you should know the statute of limitations for debt collection, how long you have to collect your claim under New York state law. Like many things, debt collection claims can go
You’ve sent the invoices. You’ve made the calls. But the payments still aren’t coming. If you’re dealing with stubborn non-payers, it might be time to bring in a professional. Today, we’re breaking down 5 clear signs it’s time to hire a debt collection attorney. Sign #1: Unpaid Invoices Are Being
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
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