New York debt collection papers, what are the rules about letting your client know you filed them?
After suit authorization, you or your attorney files papers used to begin New York debt collection litigation with the court. Papers used to begin a NY debt collection litigation generally consist of a summons and complaint, a summons with notice, or a motion for summary judgment in lieu of complaint. You must serve any of those on the parties named in the lawsuit according to strict rules.
That means the parties must receive official notice of the lawsuit. Service of process is the notification of the parties involved in the lawsuit. Because service gives the person legally-required notice, there are very specific rules providing for the method of serving the papers on the parties. Strict compliance with NY requirements is a must if you hope to win.
Parties may claim they didn’t receive the papers used to begin NY debt collection litigation. Keep in mind that they probably don’t want to pay up. With this in mind, they may petition the court regarding not receiving the papers. If so, the court often schedules a hearing to determine whether service was in strict compliance with the rules.
Regulations for New York Debt Collection Papers
In general, the rules regarding service of process define who may serve the papers, when service of the papers on the parties may occur, how service of the papers on the parties may occur.
- Who may serve the papers?
Someone who does not have an interest in the case must serve the papers, according to New York State law. Consequently, a disinterested third party must serve papers used to start an action (debt collection and others) – papers that give notice to the other party that someone filed a lawsuit against them.
“Papers must be served by someone over the age of 18 and cannot be a party to the case. Papers may be served by a friend, relative or process server,” according to the instructions of the New York Supreme Court, Civil Branch
- When should service of the papers on the parties occur?
You cannot serve papers on a Sunday. In addition, if serving a party who observes their sabbath on Saturday, you cannot serve that party on a Saturday.
- How should service of the papers on the parties occur?
New York law provides very specific methods by which to serve the parties in a lawsuit. The type of entity receiving service determines the method of service. So, the method depends on whether it’s an individual, corporation, sole proprietorship, limited liability company, company not authorized to do business in the state, etc.
New York Debt Collection Papers In a Nutshell
Failing to serve papers on the parties in a proper manner in strict compliance with New York law may result in dismissal of your case. If this happens and if the statute of limitations has run, the law will not allow you to pursue your customer for payment.
So, Suppose you have a judgment and the non-paying customer makes an application to vacate your judgment. The court may vacate – overturn or reverse – your judgment if the party who served the papers cannot prove strict compliance with service requirements and bolster a defense to your case.
FFGN dedicates its practice to the collection of bad debt. Consequently, we’re most familiar with the requirements. We make sure customers know that you filed New York debt collection papers. We do it in a timely fashion following all legal requirements. You don’t want to jeopardize your opportunity to win your lawsuit by making a procedural error. Call (212) 686-0100 or email us to discuss your debt collection concerns.