Being Late Can Hurt Your New York Debt Collection Case

A watch representing how being late can hurt your debt collection case.Once you start legal action to collect debt in New York, you need to continue the momentum. One day too late may mean you lose the chance to continue your New York debt collection case. In fact, your delay could result in the debtor getting your case dismissed.

The court may find the delay in taking action on your case unreasonable. The other side may take steps to demand you take action to move the case forward. Or, no one takes any action and the court rules you abandoned your case for “want of prosecution.” Abandoning your debt collection case can happen even when the debtor doesn’t appear.

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New York Debt Collection and Standing to Sue

Man standing with briefcase. You cannot see his face.New York debt collection and standing to sue, do you have that standing? Can a company that is unauthorized with NY State have standing to sue? Can such a company maintain NY state debt collection litigation to recover monies owed from a non-paying customer?

Do you know the answer to these questions?

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New York Debt Collection Papers: Informing My Client of Filing Suit

New York debt collection papers, what are the rules about letting your client know you filed them?

After suit authorization, you or your attorney files papers used to begin New York debt collection litigation with the court. Papers used to begin a NY debt collection litigation generally consist of a summons and complaint, a summons with notice, or a motion for summary judgment in lieu of complaint. You must serve any of those on the parties named in the lawsuit according to strict rules.

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Discovery Demands and Debt Collection

Black book with a pen sitting on top.You just received word that your nonpaying client hired counsel and is defending the case. They served an answer and discovery demands. Discovery? In debt collection cases? What should you expect?

Discovery is part of the litigation process even in NY debt collection cases. Most importantly, understanding what to expect and preparing in advance will lessen the burden of discovery demands.

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