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
Our client — a successful supplier of kitchen cabinets and appliances — was a subcontractor who did business with a well-known hotel operator for over 13 years. The hotel operator, although slow to pay, always sent a payment when truly pressed. But the payments became few and far between due
Whether the defenses raised by the debtor are valid or not, a debtor defending a debt collection case can delay collection. A debtor can buy themselves time just by filing an answer to the summons and complaint. The amount of time afforded depends on the court’s caseload and the timeframe
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.