Which Court Hears Your New York Debt Collection Case Makes a Difference

Image of a gavel in front of a court house to represent new york debt collection courtIf the New York court system is unified, does the court you choose to file your New York debt collection claim in make a difference? An outside observer would believe the court’s unified title implies that each of the 62 counties of the New York State Judiciary operates under the same procedures as the others. The reality is actually quite different.

Many of New York’s 62 counties have their own distinct rules, requirements, and procedures, even those in adjoining counties. These differences can present themselves in a variety of ways, including the following circumstances:

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Can I Avoid Legal Debt Collection by Making Payments?

Photo of a dollar bill to represent Avoid Legal Debt CollectionSome people believe if they make payment on bills placed for collection they will avoid legal debt collection. Further, the payor believes that their decision to pay amounts at their discretion prevents the creditor from moving forward in the collection process and going “legal.”

Does paying down a debt mean you get to enjoy “safe harbor” from a creditor’s collection efforts? The answer is mostly no. Creditors and their agents do not have to accept installment payments toward a debt.

The creditor (or their agent) and the debtor or the party paying on their behalf must agree to the terms of the payout and or settlement of the debt. A delinquent client can not merely begin sending installment payments to a creditor and claim to have a binding agreement with the creditor to resolve the debt. As with any agreement, there must be a “ meeting of the minds” in order for the agreement to be binding. The parties must agree on the terms, which ideally should be in writing.

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Understanding New York Debt Collection Laws

Statue of woman holding scales to represent new york debt collection laws.Whether you are looking for assistance with collection efforts or want to make sure your current vendor is in compliance, you should be familiar with the laws that govern New York debt collection. This way you can be sure your agency or attorney is in compliance.

It should be noted that most news articles about debt collection involve rogue collectors or firms that either harassed consumers or failed to give the required notice of a debt. Other complaints are linked to the lack of or failure to comply with licensing, the theft of monies collected for the benefit of creditors by the collection vendor, and more.

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How an Exaggerated Mechanics Lien Can Harm Your Debt Collection Case

An image of tools to represent an exaggerated mechanics lien.After improving the value of real estate and not getting paid, you filed a mechanics lien. Because you believed you were entitled to more, you filed the exaggerated mechanics lien for more than owed to you under the contract.

Due to this additional amount, the lien is now “exaggerated.” According to New York Lien Law Section 9, your mechanics lien should represent the unpaid amount of labor or materials. Therefore, exaggerated liens harm the recovery of your New York debt collection case.

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