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Questions Answered by Anthony J. Pietrafesa
1 Answer | Asked in Divorce for New York on
Q: If one of the paties can't be found what kind of divorce it is, a uncontendant or contendant?
Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Nov 18, 2010

You will ave to make an effort to find the other person. If you keep getting dead ends, you can ask the Supreme Court for an order directing service in a certain manner ( usually a combo of mailing to last known addresses and publication in a paper). My recollection is such a judgment will give you... View More

1 Answer | Asked in Collections for California on
Q: Can a company leave a legal threating message on phone
Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Nov 18, 2010

No , they can't. It may violate botht eh FDCPA and the California Rosenthal Act. Make sure you keep a copy of the recording. And keep a log of all ovther calls and letters you get from this collector.

1 Answer | Asked in Collections for New York on
Q: Can I put a lien on the proceeds of a debtors contract with the state of NY?
Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Nov 18, 2010

Yes, you can, but not without going through some hoops. Under teh CPLR you can use all the enforecement mechanisms, subject to teh State's own rights to set off. And as someone who has written procurement contracts for NYS agencies, you have to read the contract to know just what gets paid,... View More

1 Answer | Asked in Collections for New York on
Q: Can a collection agency try to collect on a judgement filed in 2002?
Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Nov 18, 2010

Yes they can. Money judgments are colelctible for 20 years in New York.

If it is an out of state judgment, it has to be " domesticated, " i.e., made to conform with New York law as a judgment. It is a legal proceeding.

If this is a New York judgment and you have little...
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1 Answer | Asked in Collections for New York on
Q: Is there authority stating that payments made on a judgment shall be applied first to accrued interest then to principal
Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Nov 18, 2010

Yes.

Judgments accrue interest at the rate of 9% from terh date of docketing. The Sheriff, if he collects via an execution or income execution, gets his fees, too. So, interest and fees come off the top before any remainder is applied to principal. CPLR Article 50 and 52.

If you are...
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