NY Debt Collection Litigation Archives - Frank, Frank, Goldstein & Nager

Meet Your Debtor Face to Face

Is there value in an old-fashioned sit-down with your nonpaying client?

You caught the client’s attention and now they would like to meet. Should you? Is it worth your time? Could it lead to a resolution? Seems that the client now wants to discuss the claim and have asked for a face to face meeting. They had ample opportunity to do so before you started the litigation process. So why now?

Perhaps the filing of the lawsuit was the trigger. Not only do they recognize that you mean business and that your goal is collecting the monies owed you. Continue reading “Meet Your Debtor Face to Face” →

How Long Can a Customer Avoid Payment?

Man holding money in his hand. Getting paid can sometimes take longer than expected. But, how long? That depends on whether your client has a deep pocket. And also how long they want to stretch out and avoid payment.

Consider this: A contingency fee is the most common way to handle claims. When there appears to be a possibility of collection, your collection attorney will continue to work on the case until you receive payment.

The same does not hold true for your nonpaying customer. Unless your client is an attorney and will self-represent or has a friend who is a lawyer or one on staff, the corporation you sue for nonpayment must hire counsel to represent them. They cannot represent themselves.

The non-paying customer will have to pay for representation.

Continue reading “How Long Can a Customer Avoid Payment?” →

When Attempting to Renegotiate the Deal AGAIN Is Just Another Delay Tactic

At some point, hourglass showing time passing. it becomes apparent that the debtor’s attempts at resolution are nothing more than delay tactics.

Such is the case currently where a client placed a claim with us for collection.

Our client is an independent contractor. He and the debtor company had been working together for well over a year. Suddenly, the company became delinquent on the weekly compensation. As a remedy, the debtor company’s principal issued a series of postdated checks to our client dated six months out. The parties continued their working arrangement. Six months later, our client began depositing the post-dated checks. One by one the checks returned. Each check was unpaid due to insufficient funds and that added to the debt. Continue reading “When Attempting to Renegotiate the Deal AGAIN Is Just Another Delay Tactic” →

Mandatory Mediation for New York Supreme Court Debt Collection Cases

New York Supreme Court has a pilot program for the automatic referral of many debt collection cases to mandatory mediation. The program requires that all cases designated a contract matter (debt collection case) will go to mediation. This mandate is for … Continue reading →