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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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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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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

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

It looks like you were alert in investigating the judgment. On your inquiry about attorneys who handle traverse hearings, attorneys here can't respond to you with offers of representation. The format is limited to Q & A, unlike attorney referral sites. But in addition to your own online... 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

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 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
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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 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

Carl Nelson
Carl Nelson
answered on Aug 27, 2023

I agree with Mr Lanin. It may also be helpful to contact a qualified attorney, either to review the harassing contact that the debt collectors have made (which may violate various provisions of New York or federal law), and to review your financial situation overall to determine the best course of... 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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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... View 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... View 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... 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

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,... View 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... View 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... View 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... View 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... View 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... View 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

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... View More

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