Fort Collins, CO asked in Collections for New York

Q: What will happen if $4700 debt goes to the New York state general attorney office?

A university is asking me to pay it and the deadline is passed.

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: If it is a student loan from NYS, a judgment will be recorded. If it is something else, the NY attorney general is counsel to all State universities and they will sue you.

Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • Collections Lawyer
  • BROOKLYN, NY
  • Licensed in New York

A: It depends. If the original creditor is bringing the case (or a lawyer acting on the Uni’s behalf) you may be sued and you will have to oppose the suit in court or risk a default judgment and all that comes with it: bank account seizure, wage garnishments, etc.

The AG may only be counsel for Plaintiff if it is a state school; a private school will hire a private attorney. Often, even state schools hire private law firms to sue on their behalf, as the AG may have other priorities.

If the Uni has sent the debt to a collection agency or law firm specializing in debt collection, you have additional, federal rights per the FDCPA. Have a New York collections defense attorney review the case file to develop the most effective strategy possible under the circumstances.

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