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New York Collections Questions & Answers
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.

1 Answer | Asked in Consumer Law, Contracts and Collections for New York on
Q: I want to object as a plantiff , defense has filed a motion to compel and bring the case to federal court for subject ma

Subject matter jurisdiction. I have personal jurisduction in state supreme court. What is the name of the document to file to object to motion to compel change of venue.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2019

If the state court case meets all the requirements for being brought in a federal district court, the defendant(s) can remove it to the proper federal district court having jurisdiction. You as plaintiff can object to removal--which may be granted--because the federal court does not have to take... Read more »

1 Answer | Asked in Collections for New York on
Q: Can I object to a motion to compel to venue change
Michael David Siegel
Michael David Siegel answered on Jun 28, 2019

You can object to any motion. Whether you win is another issue.

1 Answer | Asked in Collections for New York on
Q: How can I collect my debt from a landlord against whom I won the court case (re: Karaduman v Grover)?
Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 20, 2019

I would need more information to give you proper advice. If you receive a Money Judgment against someone, there are several methods to collect, especially if the person owns property, has bank accounts or is currently employed.

1 Answer | Asked in Collections for New York on
Q: How long can a Dr. hold an un paid Bill against you ? They have black listed me , trying to get my knees and hip done
Michael David Siegel
Michael David Siegel answered on Jun 19, 2019

A doctor does not have to treat you, unless required by your insurance plan. This is true even if there was no bill outstanding. But that is a reason not to treat you. I would not represent a client again who stiffed me.

1 Answer | Asked in Collections for New York on
Q: My bank account has a legal hold from a collection lawyer. I got never served with notice of entry of judgement. Can

Can i file motion to show cause to vacate the judgement

Michael David Siegel
Michael David Siegel answered on Jun 17, 2019

Yes. But you must show that you were not served and that you have a meritorious defense.

1 Answer | Asked in Collections for New York on
Q: Can i be sued for a car that a Notice of Discontinuance has already been filed on?

Notice of Discontinuance has been filed on a car I owed on that had many problems now i recieved a summons for the amout owed

Michael David Siegel
Michael David Siegel answered on Apr 16, 2019

You can be sued because you have been sued. Your question is do you have a defense. I do not know what you mean by a Notice of Discontinuance. That term usually applies to a litigation. A release of lien applies to a car. I am not sure what paper you have. Thus, I cannot answer your question.

1 Answer | Asked in Collections and Small Claims for New York on
Q: I am being sued because my ex loaned me money to buy a car. Now I can't afford to pay the loan back.

I have little income. Live in a rent free Hud apartment because of my very low income. The only thing of value is the car. The book value of the car is $3500. I want to know if the car would be exempt from seizure??

Michael David Siegel
Michael David Siegel answered on Apr 9, 2019

If there is a lien on the car, it is not exempt. If no lien, it could be exempt. But it is also hard to seize it. Answer the case.

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for New York on
Q: Do Money judgments in New York need to be renewed for a second 10 year term, or the judgment automatically lasts 20?

I see it says 20, but I have been coming across forums that say that it must be renewed in 10 to last another 10.

Karra Kingston
Karra Kingston answered on Mar 26, 2019

It lasts for ten years but they have the right to renew the judgment so it lasts for 20 years

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2 Answers | Asked in Collections for New York on
Q: Does Son need to pay?

The NYS AG's office has contacted my son saying he owes $2000 for unpaid tuition for Fall Semester of 2017 at SUNY Albany. My son did not return to Albany after Spring of 2017 but went to a local County Community College instead for Fall of 2017. My son did registered for the Fall Semester at... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 12, 2019

It depends on the tuition agreement signed, but my sense is yes. They will take a payment plan of modest payments. Offer one.

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3 Answers | Asked in Consumer Law and Collections for New York on
Q: I was just served a summons for credit card debt in NY. only income is retirement benefits and social security.

Will my income be garnished? Will my bank account be frozen? Should I send a letter asking for forgiveness? Or a payment plan?

Michael David Siegel
Michael David Siegel answered on Feb 2, 2019

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.

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1 Answer | Asked in Collections, Education Law and Identity Theft for New York on
Q: student loan

i am being accused of a loan i have no connection with, my name is right other information are wrong i did notify higher education my information have been compromised with, i did my own investigation trying to locate the school, i was told that school was cloed years ago, i google it, they were... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 30, 2019

Deny everything in writing. Call the US Department of Education to report the fraud as well.

3 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Collections for New York on
Q: If a mailing and affidavit was done in accordance with CPLR 3215(g)(3)(i) and that mailing was returned from the usps

with a forwarding address, can the CPLR 3215 g Affidavit of Additional Mailing be amended with new date AND forwarding address? OR, does a totally new Affidavit have to be done?

Michael David Siegel
Michael David Siegel answered on Jan 29, 2019

The initial mailing is fine, if the address was proper to begin with. You are affirming the mailing, not what happened to it.

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1 Answer | Asked in Business Law and Collections for New York on
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.

The check he sent me--signed by him--is his new company's check. I was not able to collect/deposit it as I had health issues affecting my family. He cancelled the check a week later. We were not in talking terms, as I felt betrayed during our business dealings, so two years ago (May 2017), my... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 25, 2019

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.

1 Answer | Asked in Consumer Law, Collections and Education Law for New York on
Q: student loan forgiveness

if the for profit school was closed how do i find out if my student loan will be forgiven, especially if i did nott apply for the loan

Michael David Siegel
Michael David Siegel answered on Jan 2, 2019

Call the US Department of Education

1 Answer | Asked in Consumer Law, Banking, Collections and Stockbroker Fraud for New York on
Q: about a stock purchased

i have invested $20,000 in a company selling securities, i was told they would send the certificate of stock after 6 months, it has been more than a year i have yet to receive a certificate, the company is still online selling securities but their information have chnaged i cannot get any contact,... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 2, 2019

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... Read more »

1 Answer | Asked in Consumer Law and Collections for New York on
Q: regarding student loan

Higher education have charged me with a student loan that i did not apply for, a few years ago i lost my wallet and my documents were never recovered, my information were being used to gain credit cards and everything else. last year higher education seized my taxes, after that i requested... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 2, 2019

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.

1 Answer | Asked in Collections for New York on
Q: Can a debt collector call my work and talk to HR?
Stuart Gregory Steingraber
Stuart Gregory Steingraber answered on Dec 14, 2018

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... Read more »

1 Answer | Asked in Collections for New York on
Q: How can I find if a lawsuit has been filed in NY Supreme Court.
Michael David Siegel
Michael David Siegel answered on Dec 13, 2018

Go on the New York State e-courts website and search for your name.

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