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
By choosing to enlist the help of a debt collection law firm you can take advantage of a number of different debt collection options to assist in the collection of monies owed to you. Understanding the options available to you and your tolerance for risk will allow you to make a
Is it possible to protect your company from extreme events out of your control like COVID-19? If your contracts and agreements have a force majeure clause it may be possible. For the purpose of illustration, let’s use the example of a private school operating in New York during the pandemic.
You have taken the steps necessary to domesticate an out-of-state or foreign country judgment in New York and are ready to start restraining assets to satisfy the judgment. Before you make your next move, there is a step our firm recommends taking before you execute on a domesticated judgment in
Many of us accumulate things; more than most of us city dwellers can store in our New York City apartments, and so, we store them in storage facilities around town. Storage is a big business, especially in New York. Whether you have goods in storage or work in the storage
A lot of people think if they ignore a debt collection letter, then it might just go away. Sometimes, it’s true. Some creditors may walk away if you do not respond to multiple demand letters. But, there is a chance they may not. Some creditors take a financial approach to
Working with managing agents in New York? Here are some debt collection tips for when it comes to working with managing agents. Many of the buildings in New York are managed by an outside agent known as a managing agent. The managing agent receives a management fee in return for
There is no state as liberal as New York when it comes to commercial debt collection and the enforcement of judgments against commercial entities. New York Civil Practice and Rules Article 52 grants the judgment creditor many liberties and privileges when it comes to enforcing a judgment. To ensure the
A client of ours in the waterproofing business asked for our best practices when enforcing a judgment. Best practices would generally infer that judgment enforcement is the same no matter the creditor’s industry, but that’s not the case. Best practices to enforce a judgment differ based on the judgment debtor’s