How to Collect a Bad Debt in New York City

Photo of a wallet in a clamp.Are you looking to collect from a customer operating in NYC? Here’s what you need to know about collecting bad debt in New York City.

The first step is the demand phase, which is all about writing, emailing, calling the customer and asking for money. Do this from anywhere. If you can part your debtor from their money in the demand phase, consider yourself lucky, even if it means settling for a few dollars less because you avoided the expense of litigation, mediation, or arbitration – not to mention uncertainty. You recovered your monies and can move on.

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Mandatory Mediation for New York Supreme Court Debt Collection Cases

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 … Continue reading


Is Free Mediation Coming To Resolve Your NY Debt Collection Claim?

Are you interested to see if mediation would resolve your claim? If so, you will need all parties involved in the dispute to agree. Without total agreement, mediation cannot go forward. If one party does not want to mediate, you can’t mediate. This is true even if your agreement provides for mediation of all disputes.

The mediation pilot program offered by the Civil Court of the City of New York is exciting and it is FREE. For now, consumer cases seem to be all they are handling. However, the intention is to expand the program to include B2B disputes. Besides the parties’ total agreement to mediate, the recovery amount in the underlying matter must be within the jurisdictional limits of civil court, which is up to $25,000.00.

Unlike mediation through the Supreme Court, where available, New York civil court mediation is also available for a permitted matter even before filing a lawsuit. In Supreme Court, the Judge can order mediation.  In Civil Court,  the parties can decide on their own to file for mediation. They need not have an active case or a Judge assigned to the case.  One party unrepresented by counsel is sufficient to qualify the case.

The civil court emphasizes that the mediation is free for up to three hours. This makes it convenient and fast. You can potentially reach a settlement in a one- or two-hour session with a mediator. After three hours, there is a $300 hourly fee payable to the mediator. To continue, the parties must agree to pay out of pocket. Continue reading “Is Free Mediation Coming To Resolve Your NY Debt Collection Claim?”


New York Debt Collection: Collecting Through Mediation

New York Debt Collection: Collecting Through MediationDrafting a contract requires careful consideration and planning. For purposes of New York debt collection several clauses are of utmost importance. They relate to fee disputes, default provisions, venue, and governing law clauses. Today’s blog will focus on fee dispute clauses which require mediation to collect debt in New York.

An opportunity to sit down with your non-paying customer aided by an impartial party could be ideal. If this attempt to work things out without litigation sounds like a great idea, mediation may be for you. In fact, that may have been the reason you decided to Continue reading “New York Debt Collection: Collecting Through Mediation”