Let’s say your company has a corporate debtor that owes your company a sizable debt. You are concerned that the debtor is in poor financial condition, and that by the time a lawsuit commences and a judgment is obtained, the debtor will not have any assets available to satisfy the
Let’s say you are the owner of a 100-unit condominium complex, and you enter into a management agreement with a company to act as operator and property manager for the complex. As part of the complex’s management responsibilities, the property manager is required to establish a bank account for the
Are you a subcontractor or vendor with an invoice that is more than 30 days past due? Perhaps you have reason to believe that the general contractor was paid for the services or goods you provided, but has not paid you. New York lien law offers a number of options
New York offers additional debt collection remedies and relief against owners, officers, and corporations using funds for their own purposes rather than paying subcontractors, vendors, and suppliers. Monies owed to subcontractors, vendors, and suppliers in connection with the improvement of real property not paid over by a general contractor or
Imagine your business bought a specific type of food in bulk from a reseller, paid for it, and subsequently sold it to over 500 customers. Then, after your business paid for and resold that food item, you receive notification from the reseller who originally sold you the item stating that
In response to your demand for payment, you were advised that the court appointed a receiver. What is a receiver, how are they appointed, and what effect do they have on your debt collection claim? Receivers are court-appointed individuals who assist in a variety of situations. Receivers are common in
Are you wondering what documentation or proof you will need to provide in order to vacate a default judgment in New York? Similarly, do you need proof to vacate a judgment entered pursuant to a confession of judgment you signed outside of New York that was entered in New York
New York gives full faith and credit to judgments entered in other states as required by the Constitution and under New York Civil Rules, provided the judgment was not entered on default and not entered pursuant to a confession of judgment. If you are wondering whether there is a time
Are you or your collection attorney attempting debt collection efforts even though the debtor filed for bankruptcy? If so your collection attorney is exposing you, the law firm, and themselves to personal liability for a money judgment that could far exceed your claim. Enforcing a claim and/or a judgment against
Can you use a judgment to restrain a bank account or other assets maintained by a judgment debtor outside of New York state? When it comes to out-of-state debtors, restraining a bank account is possible, but depends on certain factors. Consider the following situation. A New York creditor files suit