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New York Collections Questions & Answers
1 Answer | Asked in Collections for New York on
Q: Can NYC marshal garnish my pay to collect default judgement on a home equity line of credit?
Michael David Siegel
Michael David Siegel
answered on Jul 14, 2022

Yes. That is the point of the Marshal.

1 Answer | Asked in Consumer Law, Foreclosure, Civil Litigation and Collections for New York on
Q: Can a default judgment be enforced, if the defendant was never served, the complaint was filed in another county?

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... Read more »

Michael David Siegel
Michael David Siegel
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....
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1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Collections for New York on
Q: I got a demand letter for the a sign on bonus. I left my job and the letter had no clawback. They want repayment.

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... Read more »

Michael David Siegel
Michael David Siegel
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.

1 Answer | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I used UCC guidelines or the NYS one as a way to dismiss the case?

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... Read more »

Michael David Siegel
Michael David Siegel
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.

1 Answer | Asked in Consumer Law, Family Law, Collections and Health Care Law for New York on
Q: In New York City Domestic Partnerships, are partners responsible for the other's medical debt if either one gets sick?

I am in a domestic partnership registered through the City of New York. I would like to be on my partner's health insurance policy. We would like to know that if I were to get sick, is she responsible for paying my remaining bill should something not be covered by insurance and I am unable to... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 13, 2022

In theory yes. Practically, not likely.

3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for New York on
Q: I filed for bankruptcy in December of 2021. Could the servicer foreclose on me in 2022?

I filed for chapter 7 bankruptcy in 2021. The courts discharged my mortgage on my home. The servicer transferred the mortgage to a new servicer. The servicer has indicated that they have accrued nearly $5,000 in legal fees. Is the servicer legally able to foreclose on me within one year of my... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 1, 2022

There is no law that allows a person to live in their home if they are not paying the mortgage. If you filed Chapter 7 then you either intended to surrender the home or redeem (pay off the entire mortgage).

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1 Answer | Asked in Collections for New York on
Q: need an attorney to file an Affidavit of Confession of Judgment on my behalf at the Supreme Court Queens County, NY
David H. Relkin
David H. Relkin
answered on Mar 18, 2022

This is a relatively simple process though its use has been restricted in certain transactions. Any attorney with my credentials could handle this matter for you.

2 Answers | Asked in Consumer Law, Bankruptcy and Collections for New York on
Q: I cosigned for someone 2 years ago and now I have a repossession activity on my credit. I cant contact the person.

So I cosigned for someone 2 years ago and the person recently stopped making payments and now it has gone to repossession. The person blocked me from contacting her. My credit score dropped significantly and I am not sure what I can do. I'm not sure if I can sue her or get out of this cosign... Read more »

Jonathan David Warner
Jonathan David Warner
answered on Apr 1, 2022

Filing a bankruptcy will remove the negative remarks from your credit and permit you to start fresh. If you don't intend to file for bankruptcy, you'd have to sue your cosigner - which would be much more expensive and difficult than filing bankruptcy!

If you're interested in...
Read more »

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1 Answer | Asked in Contracts, Consumer Law and Collections for New York on
Q: Contractor is demanding payment for 3-day job that took six months. Do I go to small claims court?

Landscaping contractor kept making mistakes on the patio job that was supposed to be 3-days. I paid for material upfront but refuse to pay the other 50% of the invoice for labor. The job took six months. The job started in July 2021, the invoice was issued in Sept 2021 and the job didn't... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Feb 10, 2022

You could. It is necessary to review the documents that you have and whatever evidence you have collected. Many attorneys charge a flat fee to go to Small Claims Court.

2 Answers | Asked in Collections for New York on
Q: Im permanently disabled and on SSI. A law firm contacted me about a debt from 2002 and claims i owe $2952.

Should i send the law firm an award letter from SSI? Maybe they will stop? My girlfriend financing a car for me but its registered in my name. Is there anyway to protect the vehicle from being taken away by debt collector? My girlfriend still has 1year and a 1/2 left of payments left.

Michael David Siegel
Michael David Siegel
answered on Dec 9, 2021

If this is just a claim, it may be a scam and if not, the statute of limitations is a defense to any claim. More likely it is a judgment, which expires next year (after 20 years) if entered in 2002. While technically a car could be repoed, the likelihood is next to zero. I would ignore it.

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3 Answers | Asked in Collections and Landlord - Tenant for New York on
Q: Rent recovery

As a guarantor on my daughter’s apartment in NYC, I am responsible for paying rent for a roommate who did not pay their last 4 months of rent (~$5016). Do I have any avenues to recoup this money from the non-paying roommate?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 10, 2021

Sue the roommate

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1 Answer | Asked in Consumer Law and Collections for New York on
Q: JCS served me with a summons to collect a debt from OC Metabank which JCS bought 2018, Only that is a WebBank Acct.#

I never received a notice of default from WebBank Fingerhut and from what I researched MetaBank sold credit accts to WebBank in 2012 and On Oct. 2012 Terms and Conditions were changed to WebBank If this is a fingerhut acct which Im not too clear of, cause it states MetaBank OC and bought by JCS in... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 4, 2021

If you have a default against you, then I am not sure what is on the calendar in court. If you are in default, there is no discovery. I think you are unclear of the posture of the case. Depending on how much is involved, you might want to hire a lawyer. If there is a hearing, you can definitely... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Collections for New York on
Q: I'm i obligated to property or home if im not the executer ie liens
Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 20, 2021

Please try to ask your question more clearly for assistance.

1 Answer | Asked in Real Estate Law and Collections for New York on
Q: I have a judgment entered in September 2012 in the amount of $2745 .00 in Niagara County , NY.

Judgement was secured against real property which was sold . Can I seek action against the new owner?

Michael David Siegel
Michael David Siegel
answered on Jul 15, 2021

Yes. If what you say is true.

2 Answers | Asked in Collections for New York on
Q: can a money judgment be enforced after 10 years if not renewed? Can a judgment be renewed after 10 years?
Michael David Siegel
Michael David Siegel
answered on May 31, 2021

1. Yes. NY judgments are good for 20 years. 10 years is as a lien on real estate. Yes, it can be renewed.

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1 Answer | Asked in Collections for New York on
Q: How long can a creditor come after me? What is the SOL for a debt judgement? And how many times can it be renewed?

A collector did a credit pull recently, it dropped my score and will be on my report for 2 years. I'm pretty sure my debt was payed by my fathers estate due to a lien on the property that was left to myself and 3 others in my fathers will. My father passed in 2011, that would mean the estate... Read more »

Michael David Siegel
Michael David Siegel
answered on May 7, 2021

The whole issue makes no sense. You have no liability for your father's debt. A lien on property follows the property. I do not think this collector was trying to collect this debt, unless you were on the card also. The SOL is six years from the last payment. Based on your post, even if... Read more »

2 Answers | Asked in Bankruptcy, Contracts and Collections for New York on
Q: I have an account in collections that the collections company says is past the Statue of Limitations. I'm not sure why?

I recently noticed a collection account from PRA on my credit report. I've never heard of them, but the amount owed was similar to the amount I owe a bank. I never received anything from PRA though, so I opened all my recent mail that I thought was junk.

Lo and behold, one of them was... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 15, 2021

The Statute of Limitations in NY for a debt is 6 years from the last use of that credit or last payment. The SOL is an affirmative defense meaning you would have to plead it to use it in a suit. If the creditor sues you then you would have to answer it with the Aff. Defense of SOL. As for the... Read more »

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1 Answer | Asked in Collections and Consumer Law for New York on
Q: Can a bank hand over a newly opened checking account to a collection agency for a debt that is past the SOL ?

I don’t think the debt is mine and I believed I tried to dispute it off my report a while ago . I called Capital one bank to see why my New business debit card wasn’t here and they forward it to the collection agency . I don’t ever remember having any debt with capital one . My money is still... Read more »

Michael David Siegel
Michael David Siegel
answered on Jan 2, 2021

It sounds like you are confused. To freeze an account there must be a judgment. The judgment lasts for 20 years in NY. The statute of limitations refers to the time to bring the initial case to get the judgment. To vacate a judgment you need to make a motion in the court that entered it. These... Read more »

1 Answer | Asked in Antitrust and Collections for New York on
Q: Hi I had procedure done for wrinkles at perfect body lazer did not go back for the other one they are scam they want

they want you to wait to see the results in 7 months the first procedure was 5,000 which I paid and also sign in for the other one at the same time I did not want to go back after 7 months I did not see any results the other procedure was 5,500 now the credit company that gave me the loan is... Read more »

Michael David Siegel
Michael David Siegel
answered on Dec 30, 2020

You have a defense to the claim, and you can bring the laser provider into the case. This is not a case where you get extra money for personal injury, etc., so we are just focusing on the $10,500 payment.

1 Answer | Asked in Collections for New York on
Q: I just received a call from collection there are three bills two are 2013 and one is 2015 never on my credit

They said they sent a letter in April 2020 which I did not receive. These bills have never showed up on my credit and they said the hospital filed for collections in 2016. Can they do this?

Tim Akpinar
Tim Akpinar
answered on Dec 31, 2020

This is something that a debt collection attorney would be able to advise best on, but you await a response for two weeks. At this point, depending on the amount at stake, it might be advisable to look into a brief consult with a collection defense attorney to look over all the alleged claims. Even... Read more »

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