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New York Collections Questions & Answers
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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1 Answer | Asked in Collections for New York on
Q: I am leary to respond to an email from Public Record Service, a collection agency or attorney. Is this valid?

I received an email without my name on it indicating that I may owe money to someone. Email from Public Records Service at 150 Motor Parkway,Suite 401, Hauppauge, NY.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 12, 2017

You can contact the AG to determine if the company is a valid collection agency, and you can contact the NY Bar to determine if the lawyer is licensed in NY. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney... View More

1 Answer | Asked in Tax Law and Collections for New York on
Q: Can I file to Vacate a Default Judgment for NYS income tax bill ($196.00) for 'lack of service'.

I received notice on 06/04/2016 for Judgment, which I immediately paid. I never received mailed warrant dated May 2016 - my rental home's address is out of sequence and I consistently not get my mail or get it very late (when neighbors return it).

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

Call NYS tax dept.

1 Answer | Asked in Contracts, Real Estate Law, Collections and Landlord - Tenant for New York on
Q: I moved into a apt. Have been asking office to change locks for 2 months. We had a intruder today. Can i recive deposi

This is the second time our life has been in jeopardy. We had a gas leak as well that they didnt take serious. Office is very rude. We pay our rent on time

Barry E. Janay
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answered on Jul 7, 2017

Put the complaints in writing and file a petition in the landlord / tenant court to break the lease. Once you have an order from the court the landlord will have no recourse against you to collect rent.

1 Answer | Asked in Collections for New York on
Q: do i have to pay for a service that was rendered for 17 years that i did not contract for.

a garbage company has picked up our garbage for almost 17 years. last week they sent us a bill for over $6000 and a notice of theft of services. we thought it was included in our local taxes. do i have to pay this bill.

Michael David Siegel
Michael David Siegel
answered on Jul 5, 2017

The statute of limitations is six years, so no claim can be made for the first 11 years. As to the rest, you may have a defense if there was never any prior bill or notice.

2 Answers | Asked in Collections, Consumer Law and Real Estate Law for New York on
Q: If I move to Florida and buy a home after creditor won lawsuit against me. Will my home be exempt.

Move from new York to Florida.

Michael David Siegel
Michael David Siegel
answered on Jun 6, 2017

Yes, it will.

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2 Answers | Asked in Collections for New York on
Q: Is it enough to show a screenshot of my cell phone's inbound call screen to prove collectors are calling be at 5 in the

morning multiple times a week for the purposes of filing a complaint with the FTC for violating the FDCPA?

Michael David Siegel
Michael David Siegel
answered on May 26, 2017

That is enough to file a claim.

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1 Answer | Asked in Collections for New York on
Q: Can you be billed for interest on principal after the garnishment has been satisfied.
Mitchell A. Nathanson
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answered on May 17, 2017

There is no interest, by definition, once it has been satisfied. Interest on $0 is $0.

#LegalQ&A

2 Answers | Asked in Civil Litigation, Contracts, Consumer Law and Collections for New York on
Q: How can I get a payment plan in court?
Michael David Siegel
Michael David Siegel
answered on May 8, 2017

What case? What court? You have to give more information.

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1 Answer | Asked in Collections and Consumer Law for New York on
Q: How can I obtain the title for my car?

I paid off my 2002 highlander in full and Toyota is withholding my title. They sued me in court for $3000.00 for "fees" that they couldn't prove I owed or what they were for. The judge dismissed the case without prejudice and when I wrote a letter to them and their attorneys for my... View More

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

Anything you would do would cost more than the car has to be worth at this point. I would sell it to a junk dealer.

1 Answer | Asked in Collections for New York on
Q: If a debt collector violates the law in trying to collect a debt, how are they punished? Does it negate the debt I owe?
Ali Shahrestani,
Ali Shahrestani,
answered on May 3, 2017

Typically you can report such violations to the state who pursues fines against the collector. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Collections for New York on
Q: If Statute of Limitations has expired on a Civil Judgement isn't the residing judge supposed to dismiss on those grounds
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 29, 2017

Is this a collections action that you're asking about? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Collections for New York on
Q: How do I collect on a NY judgement from a judgement debtor who lives in HI?

Judgement debtor resides on Is. of HI. Kamuela.

Michael David Siegel
Michael David Siegel
answered on Apr 12, 2017

You need to hire a Hawaiian lawyer and have the judgment docketed there. It is a simple procedure. You do not need to start over.

2 Answers | Asked in Estate Planning, Collections and Consumer Law for New York on
Q: If my brother transferred my grandfathers life insurance to me can Medicaid get it from me?
Michael David Siegel
Michael David Siegel
answered on Apr 4, 2017

Yes. You need a life insurance trust.

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2 Answers | Asked in Estate Planning, Collections and Probate for New York on
Q: My Mom Passed away

She has about $2000 in her account and has about $9000 in debt. I am getting mixed info. I should open an account and others saying not to bother. The debtors will handle it.

Barry E. Janay
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answered on Mar 29, 2017

It's pretty easy to open a small estate proceeding at the Surrogate's court, I would recommend that and then just advice each creditor that they can be paid pro rata from the estate's bank account which you will fund with the $2K.

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2 Answers | Asked in Collections for New York on
Q: I am being called by collectors at all hours (like at 4 in the morning sometimes). I want to file a complaint for an

FDCPA violation. How can I prove the time of the calls if they're calling my landline and I don't have caller ID?

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

You can't, which is why these cases are hard.

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3 Answers | Asked in Civil Litigation and Collections for New York on
Q: How can I place a lien against someone who owes money from a small claims judgment?
Michael David Siegel
Michael David Siegel
answered on Mar 21, 2017

It depends on where you got the judgment, which your post does not say.

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1 Answer | Asked in Collections and Consumer Law for New York on
Q: Can I add "With Prejudice" to a "Stipulation Discontinuing Action" recvd from an atty?

Was being sued for a hosp bill for which I provided ample proof that bill was not owed. Insurance co rejected hospital claim because it was a duplicate bill for which the hospital had already been paid. Additionally, I was not the person who signed the form taking responsibility for any bills... View More

Michael David Siegel
Michael David Siegel
answered on Feb 27, 2017

Whatever your deal is the stipulation should follow. If it were me, I always call the other side before making changes. Might be fine, might not be.

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