New York Collections Questions & Answers

Q: Does Son need to pay?

2 Answers | Asked in Collections for New York on
Answered on Feb 12, 2019
Michael David Siegel's answer
It depends on the tuition agreement signed, but my sense is yes. They will take a payment plan of modest payments. Offer one.

Q: I was just served a summons for credit card debt in NY. only income is retirement benefits and social security.

3 Answers | Asked in Consumer Law and Collections for New York on
Answered on Feb 2, 2019
Michael David Siegel's answer
Answer the summons. Your bank account can be frozen if there is a judgment. You might be able to unfreeze it with an exemption. Do not send a letter. Answer the case. Now that the case is in court, and payment arrangement should be in writing and a court order.

Q: student loan

1 Answer | Asked in Collections, Education Law and Identity Theft for New York on
Answered on Jan 30, 2019
Michael David Siegel's answer
Deny everything in writing. Call the US Department of Education to report the fraud as well.

Q: If a mailing and affidavit was done in accordance with CPLR 3215(g)(3)(i) and that mailing was returned from the usps

3 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Collections for New York on
Answered on Jan 29, 2019
Michael David Siegel's answer
The initial mailing is fine, if the address was proper to begin with. You are affirming the mailing, not what happened to it.

Q: Hi, I was given a business check in Nov 2012 as payment for money owned my my former business partner as we parted ways.

1 Answer | Asked in Business Law and Collections for New York on
Answered on Jan 25, 2019
Michael David Siegel's answer
You should sue both, but as it is 2019, you are likely barred by the statute of limitations unless something tolled or reset that clock.

Q: student loan forgiveness

1 Answer | Asked in Consumer Law, Collections and Education Law for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
Call the US Department of Education

Q: about a stock purchased

1 Answer | Asked in Consumer Law, Banking, Collections and Stockbroker Fraud for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
It sounds like you were scammed. Call the Securities and Exchange Commission enforcement office and the FBI. Your bank has nothing to do with this. They just sent a wire to a place you ordered. Am I missing something? The "company" you are dealing with likely does not really exist in a way a civil lawsuit would lead to recovery.

Q: regarding student loan

1 Answer | Asked in Consumer Law and Collections for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
If you have proof you lost your wallet, you can bring a claim. Furthermore, loans from for profit schools that closed have recently been forgiven. Yours might be one.

Q: Can a debt collector call my work and talk to HR?

1 Answer | Asked in Collections for New York on
Answered on Dec 14, 2018
Stuart Gregory Steingraber's answer
Generally, debt collectors are bound by the provisions of federal law, including the Fair Debt Collection Practices Act. If they do not have your home/cell number, it is allowed for them to contact YOU at work. Talking with HR about your indebtedness is not allowed. If they contact HR it can only be for them to transfer the call to you. Some nosy HR folks may ask who is calling? or what is this about? Then, the caller cannot disclose the nature of the call but can only ask to put their...

Q: How can I find if a lawsuit has been filed in NY Supreme Court.

1 Answer | Asked in Collections for New York on
Answered on Dec 13, 2018
Michael David Siegel's answer
Go on the New York State e-courts website and search for your name.

Q: What is a debt collector's responsibility in recording that I've paid off a debt in full?

1 Answer | Asked in Collections for New York on
Answered on Nov 18, 2018
Michael David Siegel's answer
"Record" is not a legal term. If a judgment, they must file a satisfaction in the court. If not, there is no particular obligation.

Q: I fell behind on credit card payments. Creditors informed a family member about my debt. Is this legal?

5 Answers | Asked in Collections for New York on
Answered on Oct 30, 2018
Leonard R. Boyer's answer
No, it is not legal and is a violation of the Fair Debt Collection Practices Act. Trying to represent yourself in Bankruptcy is unwise to put it nicely. There are both Federal and Local Rules of Bankruptcy that must be complied with. It is not merely filling out forms. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.

Q: Once my debts are settled, what can I do if collectors don't stop contacting me immediately?

2 Answers | Asked in Collections for New York on
Answered on Oct 19, 2018
Michael David Siegel's answer
What do you mean "settled". It must not be settled if people are calling. If you entered a debt settlement program, many of these are frauds, and it is possible that they have taken your money and not paid creditors.

Q: Does notice to judgment debtor in ny get mailed in plain white envelope marked personal & confidential?

2 Answers | Asked in Collections for New York on
Answered on Sep 30, 2018
Michael David Siegel's answer
Yes. So does a summons. Whatever you got requires a response.

Q: Someone claiming to be a collector came to my door when I was out and told my babysitter (in front of my kids) about an

1 Answer | Asked in Collections for New York on
Answered on Jul 30, 2018
Michael David Siegel's answer
Sounds like a scam. No collector comes to a door for a phone bill.

Q: i have a friend who owes me money. i had her sign a reciept from the atm and on it stating the terms. do i have a case

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Collections for New York on
Answered on Jul 1, 2018
Michael David Siegel's answer
Save the document. If the terms say December that is the due date. There is no default yet. You can sue in small claims for this.

Q: My name is pretty common and I've been getting collections calls for someone else. The collectors insist I'm the person

1 Answer | Asked in Collections for New York on
Answered on Jun 12, 2018
Michael David Siegel's answer
Run your credit report. They are getting your information from somewhere, and you have likely been the victim of identity theft. You cannot stop people from calling, but if you document that you are not the right guy, they will stop.

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