Lawyers, Answer Questions  & Get Points Log In
New York Collections Questions & Answers
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

View More Answers

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
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.

View More Answers

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
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 »

View More Answers

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 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 »

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 Contracts and Collections for New York on
Q: I am owed $1782.00 from a gym. I have been told in writing multiple times I would receive the money. It’s been 3 weeks

I have all emails communicating with business owner.

Michael David Siegel
Michael David Siegel answered on Nov 12, 2020

You can bring a small claims case. Cases are being accepted for filing, but no cases are being tried. COVID makes this much harder.

1 Answer | Asked in Employment Law and Collections for New York on
Q: how to stop an income execution befor it starts
Michael David Siegel
Michael David Siegel answered on Oct 14, 2020

It depends on how the judgment that caused the execution was derived, and whether your employer will cooperate.

2 Answers | Asked in Collections for New York on
Q: Can my mother be served paperwork for me? It is medical bills in collection I obtained as an adult.
Michael David Siegel
Michael David Siegel answered on Sep 25, 2020

Not if you do not live with her. But, collection agents use the address they have for you, which might be that address. Do not ignore a summons. It is easier to deal with it upfront than to vacate a default judgment.

View More Answers

1 Answer | Asked in Collections, Small Claims and Consumer Law for New York on
Q: A collection agency working without a license.

I contacted a collection agency to collect my debt, I sent the account. But I never signed the contract they sent me. They went on with the case even though I didn't sign anything. They collected some money and now they are threatening me that if I don't accept the money I'm... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 11, 2020

What is the question? What do you want to accomplish?

1 Answer | Asked in Collections for New York on
Q: Can I use nys 3 year statute on medical debt to defend a collection case from 2017?
Michael David Siegel
Michael David Siegel answered on Aug 13, 2020

Only if the case was filed after the deadline. The SOL relates to the filing date, not the judgment.

3 Answers | Asked in Contracts, Collections and Health Care Law for New York on
Q: Can my mom's doctor's office ask for co-payments (going back 6 months) when she was told she was covered? New York

My mom started with a new physical therapy practice back in Aug 0f 2019. She has medicare and blue cross blue shield. They said they accepted her insurance and proceeded to make copies of her insurance cards. At each visit, they never asked her for a co-payment. She recently called the... Read more »

Tim Akpinar
Tim Akpinar answered on May 18, 2020

Unfortunately, all medical offices will collect all co-payments where due. But most do not like to present patients with surprise bills. She could ask them if they would consider installment payments or some sort of deferment plan to reduce the financial shock. It looks like your mom in good faith... Read more »

View More Answers

1 Answer | Asked in Contracts and Collections for New York on
Q: Can i sue my dentist for making my credit go down alot after me asking alot for them to pay my loan back

I nver got the work done and called them multiple time and they keep saying there going to and never do

Tim Akpinar
Tim Akpinar answered on Mar 27, 2020

It would be difficult for an attorney to answer without knowing the terms of your loan agreement, the underlying agreement for work to be performed, how it came to be that the work was never performed, communications between you and the dentist involving these things, and other factors. Good luck... Read more »

2 Answers | Asked in Divorce, Family Law, Collections and Domestic Violence for New York on
Q: if the supreme court has 60 days to answer all papers that were returned on 01/08/2020.what can I do to get a decision.

It's a violation on a order for in lieu of maintenance since 2012. the company that served him messed up and didn't file proof of service nor give me a copy to to do it til 3 mos later. H e and his lawyer showed up so obviously he was served, but it was not calendared, and became paper... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Mar 13, 2020

Write to the Administrative Law Judge

View More Answers

3 Answers | Asked in Bankruptcy, Divorce, Civil Rights and Collections for New York on
Q: Being threatened for cosigned student loans even though in my divorce paperwork it states I'm no longer responsible.

The loan providers say I'm responsible and it doesn't matter what my divorce papers say. Is this true I will need to civil sue the loan holder I co-signed for?

Timothy Denison
Timothy Denison answered on Mar 9, 2020

You are still liable directly to the loan provider, bc the loan provider was not a party to your settlement agreement with your spouse. If your spouse is not paying the loan, you should make a motion in your divorce case to hold your spouse in contempt for not paying as agreed and ask the court to... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.