New York Debt Collection and Standing to Sue

Man standing with briefcase. You cannot see his face.New York debt collection and standing to sue, do you have that standing? Can a company that is unauthorized with NY State have standing to sue? Can such a company maintain NY state debt collection litigation to recover monies owed from a non-paying customer?

Do you know the answer to these questions?

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Doing Business With a Nonpaying Customer

Two people shaking hands. Only their forearms are visible.A former customer – a nonpaying customer – called and wants to do business again. Should you do business again with the nonpaying customer?

For some, the answer is an unequivocal no. For others, it’s a maybe. Such was the topic of conversation at this past week’s LMNOP workshop. This is the dilemma for many inside and outside the New York real estate industry. Continue reading “Doing Business With a Nonpaying Customer”

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How Long Can a Customer Avoid Payment?

Man holding money in his hand.Getting paid can sometimes take longer than expected. But, how long? That depends on whether your client has a deep pocket. And also how long they want to stretch out and avoid payment.

Consider this: A contingency fee is the most common way to handle claims. When there appears to be a possibility of collection, your collection attorney will continue to work on the case until you receive payment.

The same does not hold true for your nonpaying customer. Unless your client is an attorney and will self-represent or has a friend who is a lawyer or one on staff, the corporation you sue for nonpayment must hire counsel to represent them. They cannot represent themselves.

The non-paying customer will have to pay for representation.

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How Collectable Is Your Commercial Debt?

Multiple $100 bills in front of an envelope.As you look at your receivables, you ask yourself, how collectible is this debt? Every business owner understands cash and cash flow, so collecting a debt or dealing with slow payers becomes a part of doing business. Since the dawn of the simplest commerce in human communities, debt collection has been an integral part of business in any society at any time in human history.

A look back to 2010 reveals that US businesses placed $150 billion of debt with collection agencies, and agencies were able to collect just $40 billion of that total. On delinquent debt, the industry averages a 20% collection rate, a decrease from 30% a few decades ago. According to Callminer.com, based on their read of those statistics, it is getting more difficult to collect. Continue reading “How Collectable Is Your Commercial Debt?”

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