Don’t Count on a Default Judgment to Win Your Debt Collection Case

Chart showing the increase in debt collection cases versus default judgments.
Image via the Wall Street Journal.

If you are counting on the fact your debtor won’t show and you will win your New York Debt collection case on a default judgment, don’t. The number of default judgments awarded in New York debt collection cases is declining.

Based on statistics reported in the Wall Street Journal, the number of New York City debt filings has more than doubled based on figures reported in 2018. The last time filings were this high was 2012. While the number of debt collection suits are increasing, the number of default judgments are not rising in proportion. Bottom line, more New York debt collection filings are being defended.

You need to think ahead and make sure you are represented by competent counsel. You should not expect to win your debt collection case by default because the debtor does not show up to contest the case. An attorney who understands the nuances of debt collection will be able to bring the disputed case to judgment.

Proceeding With Debt Collection Without a Default Judgment

If your debtor defends themselves, your case will require legal work to dismiss baseless defenses and frivolous counterclaims.

It’s not enough to have counsel who knows how to submit a default judgment. An attorney who spends only four to six hours on a given debt collection case, won’t get the results you need. Especially, in cases where the debtor responds. You need an attorney who will put time and effort in to push forward to payment.

Even if you win the case on default, NY Courts are very liberal in vacating default judgments. Should that happen, the case gets litigated on the merits.

Frank, Frank, Goldstein and Nager is a skilled debt collection firm with decades of experience you can trust. We do not rely on default judgments to get you paid, and recognize that each client and case is unique. If you have a debt that needs collecting, reach out for a consultation.

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