A debt collection attorney is an attorney like all others. All attorneys graduate from law school with a JD, or juris doctor. All attorneys receive this degree, regardless of their specialty or focus during their career. Some attorneys may choose to further their legal education by pursuing a secondary degree,
Legislative changes affecting consumer collections for consumer credit transactions recovery went into effect in 2022 largely as a result of the Consumer Credit Fairness Act (CCFA). The reforms were then codified into law through updates to the Civil Practice Law and Rules of New York. As a result, the law
Depositions are usually called “EBTs,” or examinations before trial. In a commercial debt collection case, depositions usually consist of one party’s attorney deposing a representative of each side that has personal knowledge of the transaction between the parties. The purpose is for each side to obtain follow-up answers that usually
In order to go to trial in a debt collection case, a few things have to happen. Firstly, all parties must have joined in the case, meaning the defendants, after being served with a complaint, have had time to file an answer and request discovery, if any. For those parties
Assume you have a client who owes you $10,000. You have a signed contract from the debtor as well as a personal guarantee. The signed documentation clearly demonstrates both the corporate debtor and the guarantor are responsible for the debt. However, statements provided to the debtor and the guarantor make
The COVID-19 pandemic has changed the ways clients can testify at trial in New York courts. If you are planning on testifying at a debt collection trial, here’s what to expect. Access If you are worried about the hassle of traveling to and from court, don’t be. All debt collection
Facing an inquest as part of your debt collection case? Knowing how to prepare for an inquest is crucial if you want to recover the most money in your debt collection case. There are two main components you’ll need to prove in your debt collection case: liability and damages. You
You completed your end of the deal but when it came time to pay your customer did not. After repeated invoicing, the customer finally offers to settle the balance due in writing but does not pay. Now that you are enforcing your right to collect and pursuing “legal” options, the
Sometimes New York courts require creditors to post a bond to maintain their debt collection case in the state’s courts. Could you be required to post a bond to maintain your New York debt collection case? Companies incorporated in New York, as well as ones incorporated in another state but
Unhappy with the decision rendered by the arbitrator(s) in your New York debt collection case? If so, you may have another chance to win your case by asking for a trial de novo. Parties wishing to get another bite at the apple in the “Big Apple” can, without specifying a