Domesticating a judgment in New York obtained out of state, to the dismay of some, is not automatic. New York does not allow the automatic registration of a judgment obtained on default from another state. Domesticating a sister-state judgment and converting it to a NY judgment requires filing a lawsuit.
You and your lawyer could open yourselves up to lawsuits if you provide certain information when submitting your debt collection case to the courts. There is information to hide in your submission to the court. You must be mindful of and adhere to the privacy laws. Providing CPI (confidential private
At some point, it becomes apparent that the debtor’s attempts at resolution are nothing more than delay tactics. Such is the case currently where a client placed a claim with us for collection. Our client is an independent contractor. He and the debtor company had been working together for well
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
New York Supreme Court has a pilot program for the automatic referral of many debt collection cases to mandatory mediation. The program requires that all cases designated a contract matter (debt collection case) will go to mediation. This mandate is for cases not part of or assigned to one of the
Include joint and several liability clauses in your contracts to maximize your ability to collect monies owed. So, stack the decks in your favor by going after the customer with deep pockets. Rather than chasing customers with little or no cash flow, or several customers, you will want to include
The owner and/or the general contractor have not paid you. So, you filed a mechanic’s lien against the property. You were hoping that filing the lien would force payment. It did not. You received service of a Notice that requires you to foreclose on your lien. Can your non-paying customer
Watching many a courtroom drama may have lead you to believe a jury will hang your nonpaying customer out to dry. Is it really as portrayed in the movies? Is a jury right to decide your debt collection case? The right to a jury trial. All parties to litigation, including
A debt collection litigation can spur bogus defenses from a debtor who is attempting to minimize or avoid their payment obligation. There may be cases where debtors have a legitimate reason for withholding payment. However, there are enough cases of bogus defenses that the courts have made accommodations to protect
Your collection manager gave it their best shot — calls, letters, emails, faxes, an offer to go to debtor’s premises to pick up a check — before referring your non-paying customer out for collection. If the debtor doesn’t respond, or the responsive is not productive, your best option is to