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New York Collections Questions & Answers
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.

1 Answer | Asked in Collections for New York on
Q: A debt collector has been calling about a bill I know I already paid in full with another agency over a year ago. They

are refusing to accept my paid-in-full paperwork or provide an accounting of this supposed debt. I don't want my credit ruined. How do I get them to stop bothering me?

Michael David Siegel
Michael David Siegel
answered on May 2, 2018

It could be a scam. The reality is you have to block the number. Do not pay.

1 Answer | Asked in Contracts and Collections for New York on
Q: If a loan was taken out for me under someone else's name and cosigned by another third party, Do i have a leg oblig topy

A loan was taken out for me by my mother, and cosigned by my aunt. I believed the loan was originally taken out under my name and cosigned by my aunt. Since I realize the loan is now not under my name or my credit report and I cannot claim the interest on my taxes, I feel I do not have an... View More

Michael David Siegel
Michael David Siegel
answered on Apr 14, 2018

While your aunt and/or mom could sue you as the beneficiary of the loan, the bank cannot sue if you did not sign the note.

1 Answer | Asked in Collections for New York on
Q: I received a summons regarding a medical bill. What do I need to do? Is there free legal aid that I can obtain?
Michael David Siegel
Michael David Siegel
answered on Apr 5, 2018

Go to the court where the case is pending to file an answer and inquire about legal aid.

1 Answer | Asked in Collections for New York on
Q: Am I allowed to request that a collections company prove I owe the debt before paying?
Michael David Siegel
Michael David Siegel
answered on Mar 13, 2018

Yes, you can demand confirmation under the FDCPA.

1 Answer | Asked in Family Law and Collections for New York on
Q: my name is on car, was to be repo. Ex husband’s family has car and hiding it. How do I get it back? Collection after me

Ex is in prison, both names on title.

Michael David Siegel
Michael David Siegel
answered on Feb 20, 2018

Report the car stolen. Then call the police and tell them where it is.

1 Answer | Asked in Business Law and Collections for New York on
Q: I just received a letter in the mail that said I have judgement against me. Need help. what are the next steps.

I owned a small business that has been closed since 2006. It was set-up as an S Corp. How can I be personally liable for an old business debt? What do I do? How can I fight this and protect myself. I live off of disability. I am located in West Babylon, NY. Is there any legal aid that can help?... View More

Michael David Siegel
Michael David Siegel
answered on Jan 31, 2018

You need to make a motion to vacate it. Depending on the amount and the court, the price varies. If you have no assets, you are judgment proof. Disability payments are exempt and cannot be taken.

1 Answer | Asked in Banking and Collections for New York on
Q: Can I immediately use money from an unclaimed fund refund?

The money was in a timelocked bank account since I was a kid but somehow NYS said the account was inactive and they claimed the money. We got the money sent back to us but can I use it now as opposed to the original date agreed upon? It’s not in an account anymore so does it still need to follow... View More

Michael David Siegel
Michael David Siegel
answered on Jan 24, 2018

You can use it now.

1 Answer | Asked in Contracts, Collections and Domestic Violence for New York on
Q: My son had me sign a paper to install a security system in the house, he left and took the system and now im responsible

he left for personal reasons and now I'm being charged for the equipment he took. The contract has mine and his signature

Michael David Siegel
Michael David Siegel
answered on Jan 22, 2018

As between you and the company, you owe it. You can sue your son for contribution.

2 Answers | Asked in Bankruptcy, Collections and Consumer Law for New York on
Q: I have life use of a home that I transferred to my daughter in March 2013. I also received a judgement for credit card

debt for $13,000.00. Can the credit card company take the home away from my daughter?

Michael David Siegel
Michael David Siegel
answered on Jan 3, 2018

Legally, yes. Likely, no.

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1 Answer | Asked in Collections for New York on
Q: Can a loan company come after you if the property was repossessed?

My father had a boat which was repossessed about 8 years ago. He just received notices in the mail that he owes the balance plus interest for the past 8 years. The amount is exactly the amount that was originally owed.

Michael David Siegel
Michael David Siegel
answered on Nov 28, 2017

Just like a car, this is the deficiency after the repo sale, and the charges of the sale. Your father must respond. There are defenses, and settlement for less is possible. Ignoring it will cause a default judgment to be entered.

1 Answer | Asked in Banking, Collections and Consumer Law for New York on
Q: I had a freeze put on my bank account for a hospital bill I knew nothing about from 2009.

The lawyer wants double the amount of the original bill to settle the matter. He has a F rating with the BBB and has terrible reviews all over the internet. Is there a statue of limitations for this in NY?

Michael David Siegel
Michael David Siegel
answered on Oct 23, 2017

The statute of limitations applies to bringing an action. Once the judgment is entered it is on the record for 20 years. You need to bring a motion to vacate the judgment.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for New York on
Q: Can a Hostal change how much you owe on a bill?

A member of my family had a brief hospital stay at the beginning on the year after which we received and then pain a Bill from the hospital in full. Several months after we paid we received a new bill indicating that we owed additional money for the hospital stay even though our prior balance was... View More

Michael David Siegel
Michael David Siegel
answered on Oct 19, 2017

It depends on what your insurance covered and what really was charged. If insurance is not paying, appeal with the insurance company.

1 Answer | Asked in Collections for New York on
Q: What is a Notice of Voluntary Discontinuance w/o prejudice to CPLR 3217(a)(1) from a creditors lawyers?

My husband had a payment arrangement through a bank's attorney. My husband is now deceased. Do we need to do anything. Can this account be sold to another collection firm? We live in NY. Thank you.

Michael David Siegel
Michael David Siegel
answered on Sep 11, 2017

Probably marking off the case as the defendant is deceased. If this was solely your husband's debt, you do not have to do anything or ever pay it.

1 Answer | Asked in Collections for New York on
Q: Can the bank come after my assets?

My husband told me that he has a judgment against in in New York state. He has not paid it and said they are going to come after my assets. The debt was not in my name and my assets are in my name only. We have been living separate for about 10 years. Can the bank come after me or my Assets? I... View More

Michael David Siegel
Michael David Siegel
answered on Aug 28, 2017

They cannot come after your assets if his name and social security number are not on your bank account.

2 Answers | Asked in Bankruptcy, Banking, Civil Litigation and Collections for New York on
Q: what to do when debt collectors take money out of a joint account in search of person A but only person B's $ is in it?

my dad and i have a joint accnt from when i was 17 and has never participated in my account, never made any deposits/withdrawals/anything, only upon my request to take out cash for me sometimes when i needed, his participation was just to accompany a minor in opening an account and purely for... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2017

Your Dad, if eligible needs to file Bankruptcy, otherwise, you probably won't be able to get it back. 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.

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1 Answer | Asked in Collections and Consumer Law for New York on
Q: A judgment was filed by the attorney general of ny on behalf of SUNY(state university of new york) for unpaid tuition.

The judment was filed in 2008 in Albany. The interest at this point is just too much for me to pay. I read that most judgments fall off after 10 years unless it is renewed or such. Will this judgement fall off or will they renew or does it last longer than 10 years?

Michael David Siegel
Michael David Siegel
answered on Aug 13, 2017

Judgments are on the books for 20 years in New York. Ten years is the time they are a lien on real property.

1 Answer | Asked in Collections and Elder Law for New York on
Q: My very elderly Dad is req'd to pay an AMEX debt I incurred as a cardholder on his ac.Can we reduce the debt?Stop calls?

My father had an AMEX card for 50+ years. He was allowed to give me my own card. I used it only for emergencies, but then my husband lost his job and we started using it to pay bills. Also, I gave him use of it for expenses for his small biz.

We cancelled the card recently bc the debt was... View More

Michael David Siegel
Michael David Siegel
answered on Aug 4, 2017

You cannot stop the calls. It is his debt. AMEX will settle for half in a lump sum, typically, or give a payout. Your dad is not judgment proof, and he will be sued. You need to get authority from him to settle the account and be prepared to pay.

1 Answer | Asked in Collections for New York on
Q: Can a collection agency and the U.S. dept of education collect from me at same time, for a 2009 student loan?
Michael David Siegel
Michael David Siegel
answered on Jul 26, 2017

Yes, but deal with the Dept. of Education directly.

2 Answers | Asked in Collections for New York on
Q: I am an independent contractor based in NY. My client, based in CA, has written a bad check for $3k and owes $10k total

I understand that I can file a complaint with the Police and AG for the bad check. However, I am not certain whether NY or CA is the correct jurisdiction. I have tried to convince client to fix bad check and work out balance. Client refuses in part because he believes that I have threatened him... View More

Michael David Siegel
Michael David Siegel
answered on Jul 15, 2017

While either NY or CA can be the correct jurisdiction, it is easier to hire a CA lawyer, as that is where the money will be to collect.

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