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New York Collections Questions & Answers
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 Landlord - Tenant for New York on
Q: What are my rights when disputing claims of damages after moving out of an apartment?

I moved out of an apartment and the landlord, besides keeping my $630 security deposit, sent an invoice for an additional $1500, all for supposed damages. The damages were for things like paint, carpet, and blinds, all of which were 15 years old because I was a long-term tenant and the items were... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 2, 2023

I cannot imagine any collections company getting involved this early without a judgment in the landlord's favor. In Small Claims Court it usually comes down to which side of the dispute the judge or arbitrator feels best presented their case. This is known as prevailing by a preponderance of... Read more »

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... Read 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... Read more »

1 Answer | Asked in Small Claims, Collections and Contracts for New York on
Q: I was contacted by a lawyer who presented himself as "a debt collector" through a motion to disclose in New York State.

The action in question was a contract for a rental agreement, Between a company that I can no longer locate and occured in 2010.

It is my belief that this lawyer, debt collector, purchsed the debt and after 13 yrs.

although there was some contact before the 6 yr period elapsed,... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 29, 2023

Realistically you need the help of an attorney to prepare your motion papers, or at least review what you plan to submit. That is what is indicated from the way your case has proceeded so far. Alternatively you can continue on your own and accept whatever result comes. Be aware that if the case... Read more »

2 Answers | Asked in Consumer Law, Collections and Bankruptcy for New York on
Q: I just received in the mail sheriffs income execution.

I received in the mail today and income execution for my paycheck for a debt from 2014. I have never received anything from this debt. No PaperWorks no phone calls. Also it was for a vehicle that I had $3000 balance on but was totaled out and the insurance paid when my car got stolen. Also, this... Read more »

Carl Nelson
Carl Nelson
answered on Mar 23, 2023

You did not indicate when the judgment was entered, but I would assume it would be some time ago and it may be too late to vacate the judgment—but this would depend on some of the dates and other circumstances.

Barring a vacatur of judgment, you could contact (personally or through an...
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3 Answers | Asked in Arbitration / Mediation Law, Consumer Law and Collections for New York on
Q: filed motion to dismiss, there is a binding arbitration clause in contract. A hearing is scheduled. why is it needed?

with backed up dockets why does not the court simply rules on the motion? the other party has not bothered to oppose it. seems like a waste of time. Arbitration is the way to go and nobody waived it.

Joel Gary Selik
Joel Gary Selik
answered on Feb 24, 2023

There could be many reasons.

The Court may take the hearing off calendar prior to the hearing date.

There may be a requirement to file a notice of non- opposition.

The wrong type of motion may have been filed. The court may want to instruct the parties. The court’s...
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1 Answer | Asked in Business Law, Civil Litigation, Collections and Small Claims for New York on
Q: new york time to file an answer time the court filing is saying I was served on Jan 12 with an email but I was not

the case was fraud by employee and I need time to find counsel what rights do I have for appeal of judgement or vacant the judgement

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 17, 2023

First, if you are a corporation you may not, by law, represent yourself: you need an attorney. Second, you may move to vacate the judgment presenting a reasonable excuse for the default and a potentially meritorious defense to the claim. From the limited information you provided, it seems you may... Read more »

2 Answers | Asked in Collections for New York on
Q: Bank of America is suing me for $7553 dollars. Can I still settle?should I call there lawyer notes on summons?

I made my last credit card payment in 2021. I called BOA July 2022 to settle and the bank could not find my account. I was told that the account was written off. I also looked at my credit report and it stated that the acct was written off. Court papers were filed Nov 2022. Can I reach out to their... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 30, 2022

It is recommended that you have a consumer credit defense attorney demand the documents in the credit account to assess any potential defenses such as the doctrine of laches, failure to include new, additional disclosure requirements in the court papers pursuant to CPLR § 3016(j), as well as... Read more »

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2 Answers | Asked in Collections and Landlord - Tenant for New York on
Q: a judge set a judgment for 195$ after an eviction and landlord sent me to collections for 3830 I have disputed this

is this fraud on their part

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 22, 2022

A: Dear Brooklyn Tenant:

A landlord is not required to seek a monetary judgment for unpaid rent in a Holdover Proceeding (the $3830) when seeking possession, but it is absolutely impossible for a Housing Court Judge to render a judgment for money solely for the landlord's damages...
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2 Answers | Asked in Collections and Landlord - Tenant for New York on
Q: a judge set a judgment for 195$ after an eviction and landlord sent me to collections for 3830 I have disputed this

is this fraud on their part

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 4, 2022

Any judgment entered against you can be sent for collections, no matter how small. If the judgment is fabricated, it would be fraud and not only would the collector be criminally liable: you would also potentially be able to recover a financial settlement under the FDCPA. A detailed review of your... Read more »

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1 Answer | Asked in Health Care Law, Consumer Law, Civil Litigation and Collections for New York on
Q: Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me.

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... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
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... Read more »

2 Answers | Asked in Civil Litigation, Collections and Landlord - Tenant for New York on
Q: Why would a court allow a notice of motion and the court schedule a date. if the Statue of Limitations has lapsed in NY?

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.... Read more »

Steven Warren Smollens
Steven Warren Smollens
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...
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2 Answers | Asked in Civil Litigation, Collections and Landlord - Tenant for New York on
Q: Why would a court allow a notice of motion and the court schedule a date. if the Statue of Limitations has lapsed in NY?

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.... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
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... Read more »

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2 Answers | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I be sued in civil court for something that occurred in 2011?

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... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
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... Read more »

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2 Answers | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I be sued in civil court for something that occurred in 2011?

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... Read more »

David H. Relkin
David H. Relkin
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... Read more »

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1 Answer | Asked in Banking and Collections for New York on
Q: Hello I received a check from Wells Fargo because a few years ago they messed up and car was impounded.

I have a letter that explains it not sure if I could get more money?

Tim Akpinar
Tim Akpinar
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... Read more »

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, 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 Employment Law, Tax Law, Business Law and Collections for New York on
Q: can the dept of labor come after me personally for judgement against non operational s corp in NYC?

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... Read more »

Michael David Siegel
Michael David Siegel
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.

1 Answer | Asked in Collections, Landlord - Tenant and Small Claims for New York on
Q: A friend sublet an old apt to me an has not made any payment on the unit with the money I paid to her. Do I have a case?

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... Read more »

Steven Warren Smollens
Steven Warren Smollens
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.

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