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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For those of the Jewish faith, the Beth Din is an option to traditional legal debt collection in New York.
New York state recognizes the rabbinical court. As such, any arbitration awards are enforceable in New York state courts. This means that any award rendered by the Beth Din can be confirmed in a New York state court and converted to a judgment. Continue reading “New York Debt Collection in the Beth Din” Read more...
The disclaimer “past results do not guarantee future performance” is true of many things including the recovery rate for commercial debt collection.
A prospective client asked if I maintained statistics of our past NY Debt Collection claims. Whether he wanted to size us up, confirm the likelihood of collecting his claim, or both, the question was direct and a good one.
If you try searching collection rates for collection agencies and attorneys or general statistics of debt collection recovery, you won’t find many results.
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