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New York Collections Questions & Answers
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... View 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... View 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),... View 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,... View 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... View 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... View 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... View 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.

1 Answer | Asked in Collections for New York on
Q: Am I able to send a collection agency to a family member for non-payment of a debt?
Michael David Siegel
Michael David Siegel
answered on Nov 30, 2018

Legally, yes.

1 Answer | Asked in Collections for New York on
Q: What is a debt collector's responsibility in recording that I've paid off a debt in full?
Michael David Siegel
Michael David Siegel
answered on Nov 18, 2018

"Record" is not a legal term. If a judgment, they must file a satisfaction in the court. If not, there is no particular obligation.

5 Answers | Asked in Collections for New York on
Q: I fell behind on credit card payments. Creditors informed a family member about my debt. Is this legal?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2018

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... View More

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2 Answers | Asked in Collections for New York on
Q: Once my debts are settled, what can I do if collectors don't stop contacting me immediately?
Michael David Siegel
Michael David Siegel
answered on Oct 19, 2018

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.

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2 Answers | Asked in Collections for New York on
Q: My ex lent me money and kept a spread sheet of it, He was adding things i didn't agree to, so he revised the list I

paid him back what we agreed to, now he is suing me for original list and things like money for times he put gas in my car, gifts, movie tickets etc..(totaling over $4,000) Can he really win this?

Michael David Siegel
Michael David Siegel
answered on Oct 18, 2018

Not likely, but you have to defend it.

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2 Answers | Asked in Collections for New York on
Q: Does notice to judgment debtor in ny get mailed in plain white envelope marked personal & confidential?
Michael David Siegel
Michael David Siegel
answered on Sep 30, 2018

Yes. So does a summons. Whatever you got requires a response.

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1 Answer | Asked in Family Law, Tax Law, Collections and Health Care Law for New York on
Q: Am I liable for my domestic partner's defaulted student loans in the state of NY?

My boyfriend meets the legal requirements to become my domestic partner and be added to my health insurance. We have never done it before because we are afraid that his defaulted student loans will become my liability. If I add him to my health insurance, can the student loan people come after my... View More

Michael David Siegel
Michael David Siegel
answered on Aug 7, 2018

No.

1 Answer | Asked in Collections for New York on
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

unpaid phone bill I owe (that I've been disputing for months now). Is it legal for them to do this?

Michael David Siegel
Michael David Siegel
answered on Jul 30, 2018

Sounds like a scam. No collector comes to a door for a phone bill.

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Collections for New York on
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

terms state to pay back by dec 2018. she lost her job due to drug problems. i want to know if i should seek legal advice and file a claim NOW or wait till after december to see if she actually pays anything back. we have been best friends since we were 8 (now 28) and she is going through a tough... View More

Michael David Siegel
Michael David Siegel
answered on Jul 1, 2018

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.

1 Answer | Asked in Collections for New York on
Q: My name is pretty common and I've been getting collections calls for someone else. The collectors insist I'm the person

they're looking for but I'm certain I am not. How do I get them to stop calling?

Michael David Siegel
Michael David Siegel
answered on Jun 12, 2018

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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