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 reason, ask for a do-over. The party that files for a trial, when allowed to do so, can make the arbitrator’s decision disappear and start anew “de novo.”
Many of the New York courts require arbitration for cases below a specific dollar amount. Retired judges or others appointed by the court act as arbitrators. The arbitrators listen to testimony and apply the same law that a judge would.
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In New York, civil action for unpaid wages is considered a debt collection claim. Unpaid wages are considered a “breach of contract,” as the employee fulfilled their terms of employment but the employer breached the “contract” by failing to pay the employee as agreed. You do not need to have a written employment contract to be sued for breach of contract.
If sued in New York, withholding wages from your employees can cost you more than just their unpaid salary. An employee can file a civil action to collect unpaid wages. As part of the lawsuit, the begrudged employee can ask the court to award additional damages to punish you for wrongdoing.
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The manner in which you execute an affidavit to support your debt collection case will impact whether the court admits it as evidence. Here are some tips to ensure you properly execute an affidavit to support your New York debt collection case.
New York creditors who sign affidavits before a notary fulfill all the requirements for the affidavit to be considered as testimony. In the court system, if the notary is a New York notary the court will accept the affidavit without needing further documentation.
But if someone wants to submit an affidavit notarized outside New York, it can get complicated.
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Thought you let enough time pass to avoid a debt collection counterclaim in your lawsuit? Think again.
Every case has a shelf-life — known as the statute of limitations — the time in which you can bring a case to court. The type of case you file will determine the statute of limitations. In New York, the sale of goods covered under the Uniform Commercial Code is four years. For services rendered — both professional and non-professional — the limit is six years.
There are, however, situations in which the statute of limitations can be extended, or tolled, in New York.
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