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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You agreed to settle and now, before signing the paperwork, have second thoughts because you are not happy about the terms of the settlement. Can you change your mind about settling your New York debt collection case?
During a legal case, all parties may agree the case should be settled. If the parties settle on an amount one must pay the other, all claims and counterclaims get discontinued and general releases provided pending the clearance of the payment(s).
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The manner in which you execute an affidavit to support your debt collection case will impact whether the court admits it as evidence. Here are some tips to ensure you properly execute an affidavit to support your New York debt collection case.
New York creditors who sign affidavits before a notary fulfill all the requirements for the affidavit to be considered as testimony. In the court system, if the notary is a New York notary the court will accept the affidavit without needing further documentation.
But if someone wants to submit an affidavit notarized outside New York, it can get complicated.
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If you are domesticating a foreign judgment in New York, it’s important to understand the defenses the defendant can take to defeat the domestication. Some states, like New Jersey, allow you to record an out of state judgment with very few requirements. The out of state judgments are offered full faith in credit in that they may be recorded as a matter of law.
New York, however, draws a distinction between out of state judgments. It differentiates between:
- Judgments obtained on default, where the debtor never appears or answers in the case
- Judgments obtained on merit, where the debtor responded to the pleadings.
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