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New York Collections Questions & Answers
1 Answer | Asked in Collections and Landlord - Tenant for New York on
Q: What are effects of abandonment of a judgment--on creditor? On debtor? On court records/credit reports?

Former evicted tenant has asked me to abandon judgment against her on humanitarian grounds (illness in family, job loss, minor children). Claims she cannot rent an apartment with a judgment against her. I have little hope she would ever be able to pay the debt.

Michael David Siegel
Michael David Siegel
answered on Sep 3, 2016

"Abandonment" is not a legal term. Judgment in New York stay on the record for 20 years. If you do nothing to collect, then nothing will happen. You can "satisfy" a judgment, which is a form to mark it off the docket. Thus, you have three choices -- collect it, do nothing,... View More

1 Answer | Asked in Business Formation, Business Law and Collections for New York on
Q: Buying a LLC that has licenses for collection agency. Will I need to reapply for all the licenses it already has?

What happens if I purchase an existing company that has Certificates of Authority and Collection Licenses (including fingerprints and disclosures for states that require them) in many states? Will all the licences still be valid even though they had the name of a different manager on them? Or will... View More

Barry E. Janay
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answered on Aug 5, 2016

The question is extremely difficult to answer since you'll need to look into the laws of each state. Most states however have a provision for any license to be assigned without the necessity of starting from scratch, it's usually a more limited form that includes the assignor... View More

Q: Will I loose my car if I go to court?

Me and my friend both a car together. I put $10,000 money down but we are both on the loan. I am the co-buyer and he is the primary buyer. The title, Registration and Insurance is under my name. Car was just purchased. He said he will call the bank and have them resend the title and registration to... View More

Adam Studnicki
Adam Studnicki
answered on Nov 13, 2015

This isn't a car accidents question.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Collections for New York on
Q: Gram died all she had was house and left to me. Ive live there 15yrs im disabled. She owed med bills can they take hous

My grandmother passed away last month. All she owned was a house worth approximately $42,000. I have lived in the house for the past 15 years with her and currently still live there, I myself am disabled. I would like to transfer the deed into my name. But I would like to avoid probate because I... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 30, 2015

You give an insufficient reason regarding probate. You cannot avoid it most likely. Get a probate attorney immediately.

1 Answer | Asked in Collections and Criminal Law for New York on
Q: Federal Extortion/Blackmail

Is it a form of extortion or blackmail if an offender created a website and social network profile posting the victimś passport document and a slew of libelous content as it relates to the victims profession as a doctor, founder of a start up company and criminal turptitude (fraud & theft) but... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 20, 2015

This is much more than a basic legal question, it requires knowledge of more facts than you have given, and probably some research. Get to a local criminal defense attorney for a full discussion.

1 Answer | Asked in Collections for New York on
Q: how to handle a garnishment?

My paycheck is being garnished, I wanted to know the exact procedure I should take if I were to leave my current job. I also wanted to know what type of measures the garnishment offices could take against me for not receiving their money

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 12, 2015

Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Your question will require some research and a review of all relevant documents. Get an attorney.

Q: Reopening Civil Rights Case postmortem

A friend filed a pro se lawsuit in federal court about 4 years ago.The judge immediately dismissed the case with prejudice, without the defendant filing an answer or motion . However, the plaintiff didn't mail the order of the judge dismissing the case to the defendant, and the plaintiff... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 10, 2015

Probably not.

1 Answer | Asked in Collections for New York on
Q: My mother died and the gas company has turned her name into a collection agency. Who is responsible for the bill?

She had no life insurance. Her estate consists of a car and $300.00. I am an only child and she left what she had to me in her will. The agency added a thousand dollars to what was owed bringing the bill up to $3,989.75. Am I responsible for this and should I get a lawyer? Thanks in advance for... View More

Yasmin Gamboa
Yasmin Gamboa
answered on Jul 15, 2014

Her estate is responsible for debts. Any money left should go to pay the debt, if she died destitute then you may not be responsible for debt, but if there was enough money left to pay all or part you would need to do that. Try working it out with the electric company. And yes if you don't... View More

1 Answer | Asked in Collections for New York on
Q: Can a creditor who has a judgement against me freeze or garnish my wages in New York State

I don't know what the debt is I cleared up all my bills but they insist I owe a creditor I am not familiar with the judgement

Charles Snyderman
Charles Snyderman
answered on Jun 14, 2014

New York allows a judgment creditor to garnish wages.

1 Answer | Asked in Collections for New York on
Q: Never signed anthing authorizing me as user on credit card. can i be held liable in new york state
Taran Provost
Taran Provost
answered on Jan 1, 2013

Generally, using another person's credit card will make that other person liable for the debts you incur, not you. The only way you become liable is if you signed off as a responsible party for the debt. Typically, if someone makes you an authorized user, then that's all you are: a... View More

1 Answer | Asked in Collections for New York on
Q: How do I confirm my judgement was part of the PFAU case and ALP. Where can one see the schedule of judgements entered an
Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Sep 12, 2011

You should have received notice from your judgment creditor if you were part of Pfau. You might be able to call the AG's Offic ein Buffalo (they handled it) to see if they an say you were part of it or not.

Regardless if you were part of Pfau, if ALP or " We Servie it for...
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1 Answer | Asked in Collections for New York on
Q: If I Have one income judgement against me and am payin on it can a creaditor attempt to collect another one
Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Sep 12, 2011

Any judgment creditor can file an income execution, but only one will be paid at a time. They file them to " get in line."

2 Answers | Asked in Collections for New York on
Q: I owe a collection agency, can they freeze a joint bank account I have with my wife?

NYC

Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Sep 12, 2011

If they have a judgment against you, they can seek to restrain bank accounts, including those that are joint. Banks likely will honor a restraint on a joint account. Then it will be up to you to proved whose money is in the account, yours or hers. In som eparts of the state, it is presumed the... View More

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1 Answer | Asked in Collections for New York on
Q: What is the proper proceedure to follow when trying to collect a judgment based on a submitted Bill of Costs in New York

I was the successful party at trial (defendant - Pro-se) and have been awarded statuatory and taxable costs. Is there a proper proceedure to follow when trying to collect the judgment amount?

Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Sep 12, 2011

You have to file a proper bill of costs with the Clerk, who will reduce it to a judgment. Once you get your judgment, notify the other side. If they do not pay, see your COunty Sheriff or hire a collection attorney.

1 Answer | Asked in Collections for New York on
Q: Why was a notice of Judgment entered against me in the newspaper when my lawyer got an order to show cause?

I live in NY and the order to show cause stays any collection efforts against me. It was a default judgment that was not properly served, so my lawyer is attempting to get it vacated and dismissed. She served the attorney with the signed order. Yet the notice appeared in last weeks paper!? What... View More

Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Sep 12, 2011

The judgment is still a judgment. Lawyers don't report these things to newspapers, it gets picked up by reporters. Sorry it happened. However, more importantly, check your credit report now and in a few weeks to see if it shows up there, too. That way, if you successfully get the judgment... View More

1 Answer | Asked in Collections for New York on
Q: I have had two bank accounts frozen by Sharinn and Lipshie (FIA). I need the funds in this accounts desperately.

The accounts are with TD Bank and Citibank. The matter is over credit card debt that had originally been restructured. A Collection and potential Bankruptcy question.

Thank you.

Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Sep 12, 2011

You can try to negotiate a settlement with them. Or you can try to fight the judgments ( if you think you have cause) by bringing an order to show cause in the courts where the judgments were entered. You may not get the money back righ taway but you could get an order staying S&L from... View More

2 Answers | Asked in Collections for New York on
Q: I won my case in Court and got a judgment against the defendant, who did not show up to fight the case.

How long do I have to try to collect on the judgment?

Mark A. Siesel
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answered on Jul 9, 2011

You have twenty years from the date of the judgment to execute on that judgment. Collection lawyers are very good at locating assets of a party f they have them, and similarly to personal injury lawyers, they often only take their fee if they recover compensation for you.

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1 Answer | Asked in Collections for New York on
Q: How long can a collection agency try to collect a dept that was a dispute?
Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Feb 12, 2011

It depends by what you mean by "in dispute." If you disputed this with a credit reporting agency, it doesn't matter.

If you received a letter from a collection agency with the 15 USC 1692g validation notice in it and you disputed and asked for validation in a timely fashion,...
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1 Answer | Asked in Collections for New York on
Q: I am a debt collector. Can i personally be sued for doing my job?
Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Feb 12, 2011

You can be personally sued for your acts while on the job if they violate the FDCPA. So, if you get in a heated exchange on the phone with a debtor, you might have to sweat it out for a year. As you probably know, the debtor can recover actual damages and a statutory damage of up to $1000 for your... View More

1 Answer | Asked in Collections for New York on
Q: Is it legal to report medical debt to credit bureau in NY or Mass.?
Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Feb 12, 2011

Yes. A collection is a collection. What they can't do is describe the medical treatment.

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