Following specific guidelines, medical providers can attempt to collect past due balances regardless of when the services were rendered. However, the time during which a provider can sue for the balances owed has always been restricted. New York recently enacted a new law which dramatically shortens the time to collect debt for medical services.
In April 2020, in the midst of New York on pause, Governor Cuomo signed legislation shortening the time providers can sue for medical services rendered. The shortening of the statute of limitations cut the time to sue in half, from 6 years from the date of service to 3 years.
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The world has been greatly impacted by COVID-19. Non-essential workers are confined to their homes and working remotely, if possible. Even the New York civil court system has been affected. On March 22, 2020, the New York Court Administration said all non-emergency state civil court filings would not be accepted, either electronically or by mail, including the filing of new cases. While New York state courts are essentially closed, creditors may be able to bring their debt collection cases to federal court.
The federal court filing system still permits new case filings. However, there are a number of considerations that must be made before filing in federal court. The Federal filing system is called (CM/ECF), which stands for “case management/electronic case files,” All cases and documents for said cases are filed electronically and uploaded using the CM/ECF system. In order to file a case using a New York attorney, that attorney must:
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In this post, Jocelyn Nager, the President of Frank, Frank, Goldstein & Nager, shares how she became a debt collection lawyer.
Before online job listings, one of the best ways to land a position was by way of introduction or responding to classified ads in person or by mail.
I worked for law firms during the second and third year of law school. My first year I sold shoes at Botticelli, a high-end shoe store in Rockefeller Center.
Coming from a family of accountants and educators, introductions to potential law firms were hard to come by. To find a job, I used the classifieds in the law journal.
I prepared personalized cover letters for each resume I sent out. I’d drop off the “envelopes” every Sunday evening to be in the first batch of resumes — each addressed to a separate blind ad at the offices of The New York Law Journal on Ninth Avenue.
I didn’t know what type of law I wanted to practice. I just knew I wanted to work, and quickly! Since I was eager and ambitious, I answered almost every ad posted for an entry-level position.
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New York debt collection claim practices have been in the news. There’s been publicity recently about debt collection practices of the merchant cash-advance industry. It can shed light on how to avoid legal disputes in your debt collection claim.
It doesn’t matter whether it’s money loaned, services rendered, or goods sold and delivered. You want your money. When seeking to enforce your right to get your money, the borrower/client sometimes looks to delay. They may vehemently thwart the debt collection claim by creating issues where none existed. They may also file baseless counterclaims. Continue reading “New York Debt Collection Claim Practices” Read more...