Interested in entering a judgment to get closer to collecting in your New York debt collection case? If so, and you sued in Supreme Court, Nassau County, you will want to know about an extra requirement to obtain a default judgment in your debt collection case.
As we wrote in a previous post, New York’s unified court system is not exactly unified. Counties may have additional requirements especially when it comes to entering a default judgment. Nassau county has jumped on the bandwagon with requirements that afford commercial and consumers additional protection regardless of whether they were directly affected by the pandemic.
Usually, if a judgment creditor sues for a liquidated sum, upon presentation of proper evidence and carefully prepared papers referred to as a judgment roll, the clerk can enter a judgment without direction from a judge.
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Chief Judge DeFiore recently announced that all judges and court personnel will return to work in person on May 24, 2021. Court staff returning to work is great news for creditors who filed or will file New York Civil Court debt collection actions in New York City’s lower courts.
An in-person return to work is exactly what creditors need to move their cases forward and hopefully obtain judgment after a year-plus wait. (Civil Court is available to most creditors filing cases up to $25,000.00 in New York City’s five boroughs: New York (Manhattan), Queens, Staten Island, Brooklyn, and the Bronx.)
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Wondering what to wear to your virtual court appearance? It seems some people might have forgotten what counts as appropriate court attire, prompting New York courts to remind defendants — and all court participants — to dress and act appropriately during virtual court appearances and hearings.
“The COVID-19 pandemic has required all courts across New York State to innovate and adapt in order to continue to provide the effective and efficient administration of justice and access to justice for all court users,” says a memorandum sent out on March 18.
As a result of the pandemic, courts across the state use Microsoft Teams to hold court sessions virtually. However, as the memorandum points out, despite being virtual, “appropriate decorum/etiquette is a necessity” while courts are in session. Court participants should dress in appropriate attire and display an appropriate and professional background, “as if you were appearing in-person in court.”
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Jocelyn Nager, president of Frank, Frank, Goldstein & Nager, was recently interviewed by the American Bar Association’s national magazine about the ongoing impact of the COVID-19 pandemic.
The pandemic has seen businesses shutter and the economy suffer, leaving the businesses that remain struggling to survive and facing “sometimes-ruinous consequences” from downstream debt. The knock-on effect from not being able to collect has seen some that “have become debtors themselves in many instances,” according to the ABA Journal.
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