If you run a business, you likely send your clients invoices monthly for all goods delivered or charges incurred. You indicate in your initial agreement and subsequent invoices that payment is due within 30 days, and that any invoice paid beyond that period incurs a late fee of 10% interest
One of the many powers given to a judgment creditor is the right to subpoena either the debtor or a third party in aid of enforcing a civil money judgment entered in a New York state court. A judgment creditor may serve the judgment debtor with a “subpoena duces tecum,” wherein
Mediating a debt collection claim can be a successful way to reach an agreement to pay. Mediation can be voluntary, where both parties agree to participate, or due to a clause in the agreement that mandates mediation before proceeding to arbitration or litigation. However, there are issues that may
When vacating a judgment entered against you is it better to make a regular motion or move by order to show cause? In order to decide, you’ll need to understand what the two are and the key differences between them. Notice of Motion In non-emergency situations, a party seeking a
Some people overnight payment to satisfy their debt collection claim. But did you know that doing so could result in having to pay twice? The recent uptick in crimes targeting the postal service has experts warning the public not to send checks through the mail. Our bank, and most likely
The legal process of collecting debt owed in New York typically starts by filing a summons and complaint or a motion for summary judgment in lieu of a complaint demanding the exact amount owed to you. If the case is handled properly, subject to having the requisite documents, you should
Do businesses have to pay for defective goods they receive? Let’s say your company orders 1,000 vacuum cleaners from a distributor. You receive the vacuum cleaners and perform a general inspection. As far as you can tell, the goods seem in working order. Your company then proceeds to sell the
New York City affords freelance workers extra protection against unsavory employers when it comes to debt collection. New York City’s administrative code Title 20 awards double damages plus more to freelancers who meet the criteria and follow the process for filing non-payment debt collection claims. Who Benefits From Title 20?
Our client sued to recover monies owed for maintenance supplies sold and delivered to multiple buildings. The debtors did not answer the summons and complaint and we were ultimately able to enter a default judgment against the delinquent customer. However, their lack of response was due to failing to update
Summons and complaints are the most important pleadings filed in debt collection litigation, which makes properly drafting summons and complaints incredibly important. A summons is a notice to the debtor that the creditor is filing a lawsuit against them. The complaint is the meat. It is where the creditor outlines