Sawin & Shea

NOVEMBER 15, 2022

A common question that people have about the filing process is, “Will a bankruptcy trustee contact my employer?” Additionally, you’re under no obligation to inform your employer about your bankruptcy, so when wondering will a bankruptcy trustee contact my employer, in most cases, the answer is no.

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Collections Law

DECEMBER 6, 2023

Collecting on a foreign judgment from a debtor in another state can be complicated, but not impossible. We can domesticate your foreign judgment in two manners: 1) By litigation or 2) by registration. Let’s talk first about collecting your foreign debt by registering your foreign judgment through registration.

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Collections Law

OCTOBER 5, 2023

Collecting on a foreign judgment from a debtor in another state can be complicated, but not impossible. One aggressive tactic we utilize to help you collect your foreign debt is to domesticate your judgment through litigation. One way to domesticate a foreign judgment is to register your judgment with the court in Massachusetts.

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FFGN COLLECT NY

MARCH 8, 2024

Looking to domesticate an out-of-state default judgment in New York? If so, then you will need to know the judgment debtor’s address in order to serve them as per New York state rules. Service is necessary in order to domesticate a judgment in New York. New York does not recognize out-of-state default judgments.

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FFGN COLLECT NY

FEBRUARY 4, 2024

Domesticating an out-of-state judgment is easier in New York when the out-of-state court awarded the judgment “on the merits,” meaning the defendant appeared in the case. Filing an out-of-state default judgment—a judgment awarded when the defendant did not appear—is a bit more timely and challenging.

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FFGN COLLECT NY

OCTOBER 20, 2021

When considering what funds are exempt from judgment enforcement and the reach of judgment creditors, New York and the federal government draw a line between enforcing judgments against consumers and enforcing judgments against commercial entities. What If Funds Exempt From Judgment Enforcement Are Held?

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FFGN COLLECT NY

NOVEMBER 9, 2023

Thinking about domesticating your out-of-state judgment in New York? If the out-of-state judgment was obtained on default, you may be concerned that moving to domesticate the judgment will lead the debtor to attempt to claim affirmative defenses. And, if so, which defenses can they claim?

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American Profit Recovery

MARCH 15, 2024

It’s relatively inexpensive to file a claim, and if you have paperwork to back up your claim, your business will often achieve a favorable judgment. A small claims judgment is just that, an order from the court for the client to pay your business. In short, it becomes your responsibility to enforce that judgment.

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FFGN COLLECT NY

SEPTEMBER 19, 2023

When vacating a judgment entered against you is it better to make a regular motion or move by order to show cause? Your sworn statement with supporting exhibits should meet New York’s threshold to vacate the judgment, indicating that you have both an excusable default and a meritorious defense.

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Troutman Sanders

FEBRUARY 6, 2024

A federal district court judge in Nevada recently denied competing motions for summary judgment in a Fair Credit Reporting Act (FCRA) furnisher investigation case, demonstrating the challenges FCRA litigants often face in convincing courts to decide cases on matters of law. Allied Collection Services, Inc.

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Account Recovery

JANUARY 29, 2024

A District Court judge in Missouri has decided there are enough inconsistencies on both sides in a Fair Debt Collection Practices Act case over whether the defendant attempted to contact the plaintiff before 8am local time on two occasions that he has denied the defendant’s motion for summary judgment.

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Sawin & Shea

APRIL 26, 2023

A judgment lien against you can have a variety of distressing and negative consequences. Read on to learn everything you need to know about judgment liens in Indiana, including how they work and how to avoid them. What Is a Judgment Lien? Judgment Liens in the Hoosier State In Indiana, judgment liens last for 10 years.

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Account Recovery

FEBRUARY 25, 2022

A District Court judge in Indiana has granted a defendant’s motion for summary judgment in a Telephone Consumer Protection Act case, ruling that the defendant did not use an automated telephone dialing system when contacting the plaintiff on his cell phone to collect on an unpaid debt after he had revoked consent to be contacted.

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FFGN COLLECT NY

MARCH 25, 2024

At the time of the interview, Press had indicated that it may not be possible for the former President to bond the State’s almost Five Hundred-Million-dollar ($500,000,000.00) judgment. If the bond cannot be posted and execution of the judgment is not stayed, the judgment can be enforced here in New York and elsewhere.

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Troutman Sanders

JANUARY 18, 2021

Moreover, the Court denied summary judgment for Defendant on Plaintiff’s count that Defendant violated the Telephone Consumer Protection Act by “calling [Plaintiff] with an automatic dialing system.”. Please contact us at your earliest convenience to discuss what options may be available to you. [.] Payment may be made to [Defendant].

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FFGN COLLECT NY

NOVEMBER 4, 2021

There is no state as liberal as New York when it comes to commercial debt collection and the enforcement of judgments against commercial entities. New York Civil Practice and Rules Article 52 grants the judgment creditor many liberties and privileges when it comes to enforcing a judgment.

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FFGN COLLECT NY

SEPTEMBER 23, 2022

Since the documents anticipate a default in payment by the buyer, why then do merchant cash advance companies record judgments in New York? Due to abuse, New York outlawed the practice of allowing confessions of judgments executed outside of New York to be filed within the state.

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FFGN COLLECT NY

JUNE 17, 2022

New York gives full faith and credit to judgments entered in other states as required by the Constitution and under New York Civil Rules, provided the judgment was not entered on default and not entered pursuant to a confession of judgment. The creditor must then obtain an exemplified copy of the judgment from California.

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Account Recovery

JULY 5, 2022

A District Court judge in Pennsylvania has denied a defendant’s motion for summary judgment, ruling that “reasonable juror” could determine that a collector acted with “requisite intent” when it made 12 calls to an individual after being notified that the individual no longer wanted to be contacted about an unpaid debt (..)

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Account Recovery

JUNE 17, 2022

A District Court judge in Illinois has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act, ruling that the defendant was engaged in early-out collections and that it was not attempting to collect on a debt that was in default when it contacted the … The post (..)

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FFGN COLLECT NY

DECEMBER 6, 2022

Can you use a New York debt collection judgment to lien a debtor’s co-op or condo? As a judgment creditor, you want to restrain, attach and lien as many of the judgment debtor’s assets in order to satisfy your judgment. Contact Frank, Frank, Goldstein and Nager for a consultation.

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FFGN COLLECT NY

SEPTEMBER 22, 2021

A client of ours in the waterproofing business asked for our best practices when enforcing a judgment. Best practices would generally infer that judgment enforcement differs based on the creditor’s industry, but that’s not the case. The remaining two cases were a reduced judgment from 2018 in the amount of $3,750.00

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FFGN COLLECT NY

MARCH 23, 2022

You have taken the steps necessary to domesticate an out-of-state or foreign country judgment in New York and are ready to start restraining assets to satisfy the judgment. Before you make your next move, there is a step our firm recommends taking before you execute on a domesticated judgment in NY. More specifically: §5403.

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Account Recovery

FEBRUARY 2, 2022

After already granting a motion to dismiss on one claim that a collector violated the Fair Debt Collection Practices Act when it contacted a plaintiff seeking to collect on a debt that was actually owed by her granddaughter, a District Court judge in Florida has granted the defendant’s motion for summary judgment on the remaining … The (..)

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Account Recovery

FEBRUARY 25, 2022

JUDGE GRANTS MSJ FOR DEFENDANT IN TCPA ATDS CASE A District Court judge in Indiana has granted a defendant’s motion for summary judgment in a Telephone Consumer Protection Act case, ruling that the defendant did not use an automated telephone dialing system when contacting the plaintiff on his cell phone to collect on an unpaid … The post Daily (..)

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Troutman Sanders

OCTOBER 26, 2023

District Court in the Western District of Wisconsin recently denied both the defendant and plaintiff’s summary judgment motions in a Fair Credit Reporting Act (FCRA) case, holding that the reasonableness of the defendant’s investigation of the plaintiff’s identity theft claim was a triable issue. In Simonson v. IQ Data International, Inc.,

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FFGN COLLECT NY

JUNE 29, 2022

Are you wondering what documentation or proof you will need to provide in order to vacate a default judgment in New York? Similarly, do you need proof to vacate a judgment entered pursuant to a confession of judgment you signed outside of New York that was entered in New York before the law changed prohibiting this practice?

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FFGN COLLECT NY

JUNE 24, 2022

Aside from judgments from family court, New York currently allows all judgment creditors the same opportunities to enforce their judgments. The remedies available differ based on whether the judgment is entered against a natural person, an individual, or a corporation. That is until now. Lien on Property.

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Troutman Sanders

NOVEMBER 12, 2021

Capouano, Beckman, Russell & Burnett LLC , the Court of Appeals for the Eleventh Circuit recently affirmed defendant law firm Capouano, Beckman, Russell & Burnett LLC’s (Firm) motion for summary judgment involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA).

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Collection Industry News

MAY 9, 2023

Introduction: When you’ve obtained a judgment in your favor, the next crucial step is enforcing it and recovering the owed amount. One significant aspect of the enforcement process involves locating assets belonging to the judgment debtor. You can choose to hire a company like Seize Assets Investigative Judgment Data Company.

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FFGN COLLECT NY

JULY 23, 2020

In order to vacate, set aside, or remove a default judgment in New York, you must make a motion to the court in which the judgment was entered. The motion will contain a specific request for the court to vacate the judgment and return monies taken to satisfy the judgment. Two Methods for Vacating a Default Judgment.

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FFGN COLLECT NY

JULY 13, 2021

Is your New York judgment valid? If so, you will need to know how to collect on a judgment so it can get you paid. Article 52 of New York State Civil Practice Law and Rules authorizes judgment enforcement in New York. Once the judgment is entered, you must provide the requisite notice of entry, if required.

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FFGN COLLECT NY

AUGUST 30, 2020

As New York debt collection attorneys , other attorneys and creditors often retain us when domesticating out-of-state judgments in New York. New York draws a large distinction between out-of-state judgments obtained on the merits and those obtained on default. Therefore, we ask for documents we know are required to enter a judgment.

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Collections Law

MAY 7, 2021

Winning your case in court is often the easy part of the legal debt collection process; it’s collecting your payment post-judgment where things get challenging and require a bit of strategy. One is through post-judgment discovery, where we work to follow your debtor’s money trail to find any assets that they may be attempting to hide.

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FFGN COLLECT NY

AUGUST 12, 2021

If you have a judgment against a person who owes you a sizable debt and had little success enforcing the judgment through traditional means, alternative options might afford better results. However, if the debtor is a beneficiary of a deceased New Yorker’s estate, you may be able to enforce the judgment through estate distribution.

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FFGN COLLECT NY

MAY 14, 2021

When calling a New York debt collection lawyer for help pursuing or defending a judgment obtained in New York or elsewhere, one of the top questions asked is whether the judgment was obtained on the merits or on default. What Is a Default Judgment? What Is a Judgment Obtained on the Merits?

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Account Recovery

MARCH 2, 2021

JUDGE GRANTS MSJ FOR DEFENSE AGAINST 31 OF 32 PLAINTIFFS IN FDCPA CASE A District Court judge in Indiana has largely granted summary judgment in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it allegedly contacting individuals who indicated they were represented by an attorney and wanted … The (..)

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