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New York Collections Questions & Answers
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 »

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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 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.

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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 »

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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

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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 »

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1 Answer | Asked in Civil Litigation and Collections for New York on
Q: I got served with a summons to appear for unpaid debt but I'm broke. Wher do I turn? Specialty?

Collection agency. I have a slew of medical bills I also can't pay.

Tim Akpinar
Tim Akpinar answered on Mar 4, 2020

You could check with the Legal Aid Society. If the collection defense help you need is not within their scope of assistance, ask them if they have recommendations for other resources. Additionally, you could contact a bankruptcy attorney to learn more about your rights in that regard. Many offer... Read more »

1 Answer | Asked in Collections for New York on
Q: I'm being sued by a debt collector and have no assets no income in about to lose my apartment.

I'm looking for a way to respond to the summons as I cannot afford a lawyer and time is running out.

Michael David Siegel
Michael David Siegel answered on Jan 10, 2020

Go to the court. The clerk will help you with the form.

1 Answer | Asked in Collections for New York on
Q: If you pay at least something each month on a loan, can they still garnish your wages
Michael David Siegel
Michael David Siegel answered on Nov 13, 2019

Yes, unless you have an agreement to the contrary. Why would you pay anything without such an agreement?

1 Answer | Asked in Collections for New York on
Q: Can someone garnish your wages without prior notification or court proceedings
Michael David Siegel
Michael David Siegel answered on Nov 1, 2019

The government can do it for certain debts like taxes. But, if you are being garnished there is likely a judgment somewhere that caused it.

1 Answer | Asked in Banking and Collections for New York on
Q: Can a New York bank ignore EIPA Laws because levy was placed on accounts relating to a CALIF judgement?

I am in New York resident with New York bank accounts. My bank will not release my funds and recognize my protection under EIPA $1740 exemption for basic living needs. Each account contained under $1,740. because it’s a California judgement. Are they acting lawfully? What are my options? Thanks

Michael David Siegel
Michael David Siegel answered on Oct 4, 2019

It depends where the levy was done. If it is a New York restraining notice, then EIPA applies. If it is a bank in CA, and the levy was done there under CA law, even though you live in NY and use an NY branch, CA law applies.

1 Answer | Asked in Consumer Law, Small Claims and Collections for New York on
Q: How much interest can be added to a judgement in New York state? the loan was for 10,700, 8,000 in interest was added

Is there any way to fight this amount owed?

Michael David Siegel
Michael David Siegel answered on Aug 5, 2019

Interest on a judgment is 9% from the date of the judgment and is governed by law. Interest before that is governed by the loan documents.

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