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New York Collections Questions & Answers
1 Answer | Asked in Tax Law and Collections for New York on
Q: How can I get a old 2007 tax debt removed? Statue of limitation is 10 yrs from date yet its still there .
James L. Arrasmith
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answered on May 15, 2024

I understand your concern about the old tax debt from 2007 still appearing on your record despite the statute of limitations expiring after 10 years. Here are a few key things to know and steps you can take:

The IRS has 10 years from the date of assessment to collect back taxes before the...
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0 Answers | Asked in Contracts, Collections and Domestic Violence for New York on
Q: I AM LOOKING FOR SERVICES TO HELP ME WITH A ORDER I AGREED TO PAYING AND THEY STOPPED TAKING MONEY. NOW EX WANTS CONTEMP

long story short, I was divorced from my ex husband since 2019. When we were married we bought a vehicle together. After fighting with him for over 2 years to sign the divorce papers his only wish was for me to take over the payment. Then Covid hit. I was served papers saying FORD was suing me and... View More

0 Answers | Asked in Collections for New York on
Q: Can you get something removed from You’re credit report if reported due to an oversight on you’re part and a family

Family emergency,

It’s on recurring payments now.

0 Answers | Asked in Products Liability, Collections and Small Claims for New York on
Q: How do I find to collect on a $4000.00 judgment

it worth three times that now that its in defauilt

2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for New York on
Q: Do any lawyers here handle Traverse Hearings? Dutchess County New York

A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been... View More

James L. Arrasmith
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answered on Mar 16, 2024

In situations like yours, finding a legal professional with experience in Traverse Hearings is crucial, particularly in Dutchess County, New York. These hearings are specifically designed to examine the process and validity of service in legal proceedings, which seems to be the crux of your issue.... View More

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1 Answer | Asked in Business Law and Collections for New York on
Q: i have sold my cooperation to someone recently, and i have some people that i had money disputes with in that business

can that people still sue me for that?

Allen Charles Frankel
Allen Charles Frankel
answered on Feb 29, 2024

Note: I am not your lawyer and this is not legal advice. Additional information is needed regarding the natures of the sale of the corporation and the money disputes. For example, generally, a sale of a corporation can be structured for the transfer of the corporate shares, or for sale and... View More

1 Answer | Asked in Collections for New York on
Q: Is it true a discontinuance of proceedings won't prevent a plaintiff from claiming the same relief in fresh proceedings?

Judgment for Collections

Michael David Siegel
Michael David Siegel
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.

2 Answers | Asked in Collections for New York on
Q: A dissolved company is trying to collect on a judgment are they still able to?

Only the company is listed as the creditor. Won the judgment in New York.

James L. Arrasmith
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answered on Dec 20, 2023

In the scenario you've described, where a dissolved company is attempting to collect on a judgment, several legal nuances need to be considered.

Typically, when a company is dissolved, its legal authority to engage in business activities, including the collection of debts, ceases....
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1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for New York on
Q: how do i legally get rid of my car payments?
Carl Nelson
Carl Nelson
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

1 Answer | Asked in Bankruptcy and Collections for New York on
Q: I have a judgment against me for 8,000 in FL (from 12 years ago) and am currently residing in NY.

I have a judgment against me for approx $8,000 in FL (from 12 years ago) and am currently residing in White Plains, NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 5k) if it's registered under BOTH my name... View More

James L. Arrasmith
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answered on Nov 20, 2023

In New York, a creditor with a judgment against you can potentially seek to enforce that judgment by going after your assets, including a vehicle. However, the fact that the vehicle is registered under both your and your wife's names complicates the matter. Generally, if the asset is owned... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for New York on
Q: I have a judgment against me for 8,000 in NJ (from 12 years ago) and am currently residing in NY.

I have a judgment against me for approx $7,000 total (from 12 years ago) in a different state (NJ and Florida) and am currently residing in NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 4k) if it's... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023

A judgment against you can be enforced against your interest in any asset, whether it is jointly owned with another or not. HOWEVER, the more important question is whether (a) the judgment is still valid, which is a question of New York law; (b) whether you have any equity in the car (difference... View More

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1 Answer | Asked in Bankruptcy and Collections for New York on
Q: I have a default judgment from a PA Court for $270,000 against a debtor that lives in SC. Where can I levy his NY bank?

I have a default judgment from a PA Commonwealth Court for $270,000 against a debtor that lives in South Carolina. I believe he has a brokerage account with Merrell Lynch in New York. I don't know the account number but I think I know the NY broker's name. Four years ago, the debtor... View More

James L. Arrasmith
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answered on Nov 4, 2023

To levy a debtor's account held in New York, you would typically need to domesticate your Pennsylvania judgment in New York. This is done by filing a copy of the foreign judgment with a New York court and thereby converting it into a New York judgment, which can be enforced as if it were... View More

2 Answers | Asked in Contracts, Consumer Law, Collections and Construction Law for New York on
Q: Contract to replace roof shingles - 1st - roofer used shingle brand OTHER than those contracted for - 2nd - did horrible

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

Joel Gary Selik
Joel Gary Selik
answered on Oct 23, 2023

Yes the lien can be placed. And you have a lawsuit against the others.

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2 Answers | Asked in Civil Litigation and Collections for New York on
Q: I have a case in Supreme Court Queens, PRO SE, for debt collection, the other party has answered, I need an ATTY taking

the case until get the judgment.

Thanks

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

If you're seeking an attorney, in addition to your own searches, there is a tab above, "Find a Lawyer." It lists attorneys by category and region. There are categories for collections and civil litigation. There are also attorney referral sections in the websites of state and local... View More

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2 Answers | Asked in Collections and Consumer Law for New York on
Q: How do i stop collection agency harassment? In addition to calling me several times a day they also contact others

They also call family members about me. If i answer the phone no one responds. They either hang up or just breathe into the phone

Scott L. Lanin
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Scott L. Lanin
answered on Aug 27, 2023

One thing you might consider doing is to write a letter to the collection agency to dispute the charge, request debt validation, and request copies of all underlying documents including the original credit agreement or contract, payment history, invoices and statements, and demand letters. They may... View More

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1 Answer | Asked in Consumer Law, Business Law and Collections for New York on
Q: A company issues a credit not a charge to a credit card how long do they have to correct their mistake and bill me

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

Michael David Siegel
Michael David Siegel
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.

1 Answer | Asked in Collections and Small Claims for New York on
Q: I was hired by an employee of a hotel to do some minor work on behalf of the hotel. He agreed initially he would pay.

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

Joel Gary Selik
Joel Gary Selik
answered on Jun 27, 2023

The proper defendant is the employer but the employee could be sued also.

1 Answer | Asked in Family Law and Collections for New York on
Q: My mother was the only one on my great aunt’s will, and while cleaning I found some money and it wasn’t documented is it

Is the money mine?

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 10, 2023

No, it's not yours. You know it's not yours, it's your mother's.

2 Answers | Asked in Collections for New York on
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.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 4, 2023

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...
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1 Answer | Asked in Civil Litigation, Collections and Contracts for New York on
Q: How do I create a motion to dismiss in NY based on a time lapse of 13 yrs (dormancy) with regards to a rental contract?

Had an agreement with an apartment complex back in 2010. Moved out and didn’t hear from them for quite sometime.

All of sudden started being harassed by a debt collection agency. Asked for them to produce a right of ownership of debt and written contracts. They were unable to do... View More

Michael David Siegel
Michael David Siegel
answered on Mar 29, 2023

You did not state the reason for the failure of your defense, but you are not handling this correctly, and you should really talk to a lawyer if the sum being sought justifies it. You should answer to avoid default, and not re-make the same motion you already lost. Service issues are not relevant... View More

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