New York commercial debt collection practice has changed significantly over the past ten (10) years. During my twenty plus years in this field there have been few changes to the law. The procedures used to litigate commercial debt collection cases and enforce judgments are pretty much the same. Although there have been some minor changes affecting judgment enforcement none that significantly impact a creditors right to litigate commercial debt collection claims in New York State.
What has impacted creditors in New York commercial Debt Collection today is the speed in which they can obtain a judgment. Speed is a creditor’s friend, delay a creditor’s enemy. Unfortunately, the enemy’s camp is getting larger.
Delay affects a creditor’s ability to timely prosecute their cases thereby hampering the ability to move the case from filing of the summons and complaint to judgment.
In my opinion, the delays are a result of several factors:
- The increase in volume of cases filed annually in the New York Courts
- The recession
- Budget Cuts. Affecting Court Administration including Judges and Court Clerks
- Natural disasters; Hurricane Irene, Super Storm Sandy
- Shortage of available financing by lenders
These factors and other combined result in a delay in the litigation practice thus hampering the creditor’s ability to collect increase annually. To illustrate the effect of the Court’s volume of cases and its affect on obtaining judgment, consider the following:
Prior to 2008, the New York Civil Court Clerk generally had a backlog 4-6 weeks in processing judgments for entry. Today, the Clerk’s backlog in processing judgments is 5-6 months. The delay results in a longer wait time to obtain your judgment to be in a position to execute and collect monies owed you.
Prior to 2008 in Civil Court, Queens County, the time it took to reach a trial date was generally within 6 months after filing a Notice of Trial. Today, the wait is a minimum of 18 months. If the case can not be resolved without trial either by settlement or by motion, the case will need to be tried. Without the trial, the Court’s decision, you can not submit a judgment for entry.
How does a creditor expedite judgment in New York Commercial Debt Collection today? Creditors need to choose the right Court for their cases, the Court that will have minimal delay when compared to others. If a client will not try a case then the delay in reaching a trial is not of concern. The Court with least back up for entry of judgment would be the right choice. If on the other hand, the claim is disputed and trial will be needed to adjudicate the claim, the Court with the least delay in setting a case on the calendar is the right choice. Let us help you expedite your claim so that you can get paid. Contact jnager@ffgnesqs.com for questions or to place your claim.
