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”

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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

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Are You Within New York’s Statute of Limitations for Debt Collection Litigation?

Wooden gavel.Thinking about bringing an action against a nonpaying client or party? Then you need to know the statute of limitations for New York debt collection litigation. You need to know this in order to bring your case to court in a timely manner. Failure to bring the action within the statute of limitations can result in more than a slap on the wrist. It can result in a lawsuit filed against you and your attorney with costs and sanctions to consider. Continue reading “Are You Within New York’s Statute of Limitations for Debt Collection Litigation?”

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Is Free Mediation Coming To Resolve Your NY Debt Collection Claim?

Are you interested to see if mediation would resolve your claim? If so, you will need all parties involved in the dispute to agree. Without total agreement, mediation cannot go forward. If one party does not want to mediate, you can’t mediate. This is true even if your agreement provides for mediation of all disputes.

The mediation pilot program offered by the Civil Court of the City of New York is exciting and it is FREE. For now, consumer cases seem to be all they are handling. However, the intention is to expand the program to include B2B disputes. Besides the parties’ total agreement to mediate, the recovery amount in the underlying matter must be within the jurisdictional limits of civil court, which is up to $25,000.00.

Unlike mediation through the Supreme Court, where available, New York civil court mediation is also available for a permitted matter even before filing a lawsuit. In Supreme Court, the Judge can order mediation.  In Civil Court,  the parties can decide on their own to file for mediation. They need not have an active case or a Judge assigned to the case.  One party unrepresented by counsel is sufficient to qualify the case.

The civil court emphasizes that the mediation is free for up to three hours. This makes it convenient and fast. You can potentially reach a settlement in a one- or two-hour session with a mediator. After three hours, there is a $300 hourly fee payable to the mediator. To continue, the parties must agree to pay out of pocket. Continue reading “Is Free Mediation Coming To Resolve Your NY Debt Collection Claim?”

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