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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Can You Change Your Mind About Settling a Debt Collection Case?

Handshake to represent settling debt collection.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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How to Properly Execute an Affidavit to Support Your New York Debt Collection Case

A justice statue next to a globe to illustrate how to execute an affidavit abroad.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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