One year is considered the magic number when trying to vacate a default judgment. But why? New York law states that a person who is not personally served with a summons and complaint has one year from learning about the judgment to defend the case and vacate the judgment. According
As a service provider, you likely know all too well that sometimes the insurance company pays the client directly. But what happens if your customer keeps the insurance payment? If you’re looking to get paid, you should know the law governing New York debt collection that applies when the customer
What is a non-military affidavit and how does it relate to New York debt collection? Filing suit against an individual? Regardless of whether your debt collection case is a commercial or consumer claim, there are additional requirements when seeking a judgment against someone. An affidavit or affirmation of non-military affidavit
In debt collection, speed matters. To ensure quick success in obtaining a debt collection judgment, all settlement agreements should have a default provision. A judgment clerk can enter judgment on default, without obtaining a court order, when the creditor has set forth and supported with documentary evidence a claim for
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
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