Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me for not paying. I am not sure what the charge is for. I don’t know if I can call the hospital? Or the lawyers office that is suing me? I don’t know if the hospital sold my info to a... View More
answered on Dec 2, 2022
You need to demand verification of the debt, examine the accounting of the debt, and prepare and file your answer to the complaint, containing all of your defenses. Federal law also protects you from false or abusive medical debt collections under the FDCPA. By ignoring it, you risk a default... View More
Received a notice of motion about a breach of contract that occurred in 2011 in NY. in my mailbox. Not certified, no name, just return address saying that I need to appear? Sent back certified and to court (originals) an Affidavit to dismiss based on Statue Of Limitations. Still have a date.... View More
answered on Nov 29, 2022
If you don’t appear, a default judgment will be entered against you, regardless of the merits of the case. The judgment creditor could then proceed to levy your bank accounts and seek a turnover of the funds to the NYC Marshall to satisfy the judgment. The statute of limitations for rent arrears... View More
Received a notice of motion about a breach of contract that occurred in 2011 in NY. in my mailbox. Not certified, no name, just return address saying that I need to appear? Sent back certified and to court (originals) an Affidavit to dismiss based on Statue Of Limitations. Still have a date.... View More
answered on Dec 22, 2022
Well if you were not sued in 2011 for this landlord and tenant breach of contract, it is way too late to do so now. A Notice of Motion for a judgment suggests the lawsuit existed before the Statute of Limitations expired.
But if you were sued in 2011 a complaint (that is the body of the... View More
I moved out of my apartment before the lease ended. Was turned over to a debt collector. Kept requesting information on ownership of debt, lease, money owed, etc... Could not provided it.
Asked to stop harassing me until could provide that information. Cease and Desist letters, two of... View More
answered on Nov 28, 2022
Your question involves the statute of limitations for a debt, which in New York is six years. Therefore, without additional facts, it would appear that the action cannot proceed. However, the circumstances appear dubious since you say that you were served with some papers that appeared to be a... View More
I moved out of my apartment before the lease ended. Was turned over to a debt collector. Kept requesting information on ownership of debt, lease, money owed, etc... Could not provided it.
Asked to stop harassing me until could provide that information. Cease and Desist letters, two of... View More
answered on Nov 28, 2022
The recently enacted Consumer Credit Fairness Act has actually reduced the statute of limitations to three (3) years for rent arrears in New York. If you have made any payments after April 7, 2022, it shouldn't reactivate the debt under the CCFA; however, you should NOT make any payments as... View More
Judgment for Collections
answered on Jan 6, 2024
It depends on whether the dismissal is with prejudice (cannot bring again) or without prejudice (can bring again). If silent, it is without prejudice.
answered on Dec 1, 2023
I don't fully understand what you are trying to do. You can pay the note off or if you cannot afford it, you can return the vehicle and attempt to work something out with the finance company. There are certain things you can do in a bankruptcy as well, but that is a more complicated and... View More
work that manufacturer wouldn't warrantee as it was when completed. Homeowner has paid hauling fee and is agreeable to paying something for materials. Does NOT want same sub-contractor to do repairs and original contractor will not do any more and has sent a release/settlement agreement.... View More
answered on Oct 23, 2023
Yes the lien can be placed. And you have a lawsuit against the others.
I purchased a new kitchen install and the company charged me twice. I disputed one of the charges and they credited me for both charges. Example//I owed $10,000. They billed my credit card $20,000. I called and disputed $10,000 and they credited my account $20,000 leaving me a balance due of $-0-... View More
answered on Aug 4, 2023
They have six years, as the payment is the subject of a contract between you and the installer. The credit card has a shorter statute but the claim lies with the installer, not the bank.
I provided him a bill but I have not received payment for 6 weeks now & when I call to inquire where my payment is, he says 'I don't know'. I have copies of text messages & voicemails. Do I sue him or the hotel? The amount is just under $100 but it's the principle. Our... View More
answered on Jun 27, 2023
The proper defendant is the employer but the employee could be sued also.
Is the money mine?
answered on Jun 10, 2023
No, it's not yours. You know it's not yours, it's your mother's.
I had an S corp in queens NY and there was a judgement against the company from the dept of labor for unemployment insurance during years the company was not in operation. The judgement is in the sum of $3700, can they come after me personally? Also there is another judgement against the company i... View More
answered on Mar 12, 2023
You definitely have personal liability for both judgments if they pursue you. I am not sure if the judgment is in your name or not. If not, there would need to be a new suit to make you responsible, but you would lose the suit.
I was informed that she isn’t able to recertify her housing government assistance apartment while have an outstanding balance. Is that accurate? Also I have asked countless times to see where my payments have been sent and I have not gotten any response from her. I’ve asked her for the... View More
answered on Mar 5, 2023
Dear Manhattan Tenant:
You may have been taken for a ride. The Tenant is not allowed to sublet subsidized housing where the tenant is required to certify. There is no barrier to certification even with a rent-due balance.
the plaintiff has not opposed the motion so far. Junk debt buyer. original contract has PA as the designated venue for litigation.
I had and account with Citibank. Stopped making payments and account was sold to collection. Do I have rights to request account details (statements, date of last payment) directly from the bank NOT from the collection agencies who purchased the debt ?
If physical payment made on Dec 29,... View More
answered on Feb 21, 2023
You can request the records pursuant to New York procedure. There's a good chance the buyer possesses the records.
I have a letter that explains it not sure if I could get more money?
answered on Aug 25, 2022
The facts aren't fully clear here, but this sounds like it might involve a repossession action. Your question remains open for five weeks - you could try reposting and adding Banking & Collections as categories. There's no guarantee of a response - most attorneys would ask to see... View More
The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... View More
answered on Jun 24, 2022
1. Different counsel? Not relevant. Happens all the time.
2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.
3. Recourse? Make motion in court that entered judgment to vacate on improper service.
4.... View More
I received a demand letter, I left the job due to hostile environment. I had to contact the labor department to collect my last wages. Now the demand letter wants repayment for half of the bonus’s I was paid. The offer letter has no clawback or mention of any repayment. I don’t mind paying if... View More
answered on Jun 21, 2022
Obviously, the matter is governed by the agreement. Have a lawyer look at it for a few bucks. If you have to pay it back, do so only with a release agreement, etc.
I was manipulated into auto loan in 2016. I feel into hard time and a divorce and ended up living in my car in 2016. I started to become late but always found a way to catch up. I got back on my feet slightly in 2018 and ended up pregnant. I couldn't afford the car payments and they kept using... View More
answered on May 18, 2022
The statute of limitations does not apply to an existing case. The SOL is the date to bring a case. You did the right thing so far. Your issue is lack of service. You are going to have to prove you did not live with your brother when he was served as your household.
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