Credit Corp

JUNE 3, 2020

A judgment is an order issued by a court of law. This includes opening a credit card account, getting a line of credit from your bank and obtaining financing for a big purchase. The company, creditor or collection agency has legal ways to pursue payment. If they are successful, the court issues a judgment against you.

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Jimerson Firm

DECEMBER 10, 2021

Many secured creditors and equipment leasing companies have encountered defaulted debts, where the debtors and lessees retain possession of the collateral, including cars, boats, machinery, or other equipment. What Options do Florida Creditors Have for the Recovery of Personal Property? Self-Help Repossession.

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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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Jimerson Firm

JANUARY 26, 2023

When a judgment creditor in Florida attempts to collect on a judgment involving an individual, one mechanism for doing so is through a garnishment action of the judgment debtor’s bank account. Florida has a statutory garnishment process that judgment creditors must follow.

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FFGN COLLECT NY

JUNE 3, 2020

With both consumers and small businesses receiving funds from the Paycheck Protection Program (PPP) and CARES Act, questions have come up as to whether these amounts can be frozen or garnished by debt collectors or creditors. Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors?

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Credit Corp

JUNE 3, 2021

Can debt collectors take money from your bank account to offset debts you owe them? How to Open a Bank Account That No Creditor Can Touch. In truth, it’s fairly rare to have a bank account that no creditor can touch. The original creditor takes some actions to collect, sending you bills and statements.

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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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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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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. When a bank lends against a co-op, they hold the stock and lease as security.

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FFGN COLLECT NY

MAY 18, 2022

Can you use a judgment to restrain a bank account or other assets maintained by a judgment debtor outside of New York state? When it comes to out-of-state debtors, restraining a bank account is possible, but depends on certain factors. A New York creditor files suit in New York against a California debtor.

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Better Credit Blog

MAY 12, 2022

In my recent experience, it’s not hard to remove judgments from your credit report as long as you follow the proper steps. Many readers assume it’s impossible to have the credit bureaus remove civil judgments because they involve the court system. It’s still possible you could see a judgment pulling down your credit score.

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Collections Law

MARCH 27, 2023

We called this “creditor financing.” We may also seek a pre-judgment attachment on certain assets, without notice to the debtor. Once we have a judgment in hand, we can get a writ of execution. If your debtor claims not to be able to pay but continues to operate, a court judgment is still the right way to go, in most cases.

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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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Jimerson Firm

JANUARY 28, 2021

When a lender obtains a final judgment of foreclosure from the court, the mortgaged property is sold at public auction and, if bought by someone other than the foreclosing lender, the proceeds are applied to the debt owed by the delinquent borrower. Procedure For Getting a Deficiency Judgment. Compass Bank , 164 So. 702.06, Fla.

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FFGN COLLECT NY

APRIL 21, 2022

Absent a sense of urgency, most creditors want to start with a demand to see if the debtor will respond. What transpired at this point will help guide the attorney and the creditors as to the possible outcomes. Creditors should avail themselves of the opportunity as part of the debt collection process. Security Interest.

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Collections Law

APRIL 2, 2024

When a debtor is delinquent, one of the biggest concerns for creditors is that the debtor doesn’t have enough money to pay what they owe. Securing an ex parte attachment to obtain pre-judgment security as part of a collections lawsuit can help to alleviate these concerns. After all a judgment is just a judgment.

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Collections Law

MARCH 19, 2024

When a debtor is delinquent, one of the biggest concerns for creditors is that the debtor doesn’t have enough money to pay what they owe. Securing an ex parte attachment to obtain pre-judgment security as part of a collections lawsuit can help to alleviate these concerns. After all a judgment is just a judgment.

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FFGN COLLECT NY

MAY 24, 2022

Confessions of judgment may no longer be permitted as part of the necessary documents when buying or selling financial services or products to consumers in New York. Senate bill S2632 is another overt action taken by New York state to limit the entry of judgments without due process to the borrower or debtor.

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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

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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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

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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Collections Law

JULY 6, 2021

Cohen LLC, you will find that the process of domesticating and enforcing foreign judgments against your debtors is a much more straightforward process than one would typically expect. Filing of Judgments. For out-of-state creditors, the commercial litigation collections lawyers at Law Offices of Alan M.

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Collections Law

APRIL 9, 2021

Very often your initial attorney who obviously excels at winning the case for you does not know the ins and outs of debt recovery or post-judgment collection. Cohen LLC have over 45 years of combined experience with post-judgment collection practices. Bank and Real Estate Attachments. Bank and Real Estate Attachments.

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FFGN COLLECT NY

JANUARY 20, 2021

States have their own rules and regulations when it comes to freezing or restraining bank accounts. Creditors and debtors alike often wonder how debt collection attorneys restrain bank accounts. Below we demystify the process and explain how to freeze a bank account. Before Judgment. After 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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Nexa Collect

JUNE 21, 2023

Legal Action : The creditor or collection agency may file a lawsuit against you to recover the debt. If you ignore this or fail to defend yourself in court, a default judgment may be issued against you. This can lead to wage garnishment, bank levies, or liens against your property.

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Troutman Sanders

JANUARY 29, 2024

She listed 45 unsecured creditors in her schedules of assets and liabilities, including the $7,400 credit card debt at issue. However, testimony later showed that the entity listed as holding the debt, Direct Merchants Bank, was not the actual creditor but rather a registered trademark owned by Metris Companies.

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Jimerson Firm

DECEMBER 8, 2020

The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). What Does Form 1.996(a), Final Judgment of Foreclosure, Include? Plaintiffs in Hillsborough county must use the Uniform Final Judgment of Foreclosure form.

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Collections Law

APRIL 1, 2020

Collecting debts from debtors having assets in Massachusetts while you are in another state or a different country used to be difficult, even if you had a judgment against them. Massachusetts was among the few states that had not adopted the Uniform Enforcement of Foreign Judgment Act. Not Just Domestication — Enforcement, Too.

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FFGN COLLECT NY

OCTOBER 15, 2023

One of the many powers given to a judgment creditor is the right to subpoena either the debtor or a third party in aid of enforcing a civil money judgment entered in a New York state court. A process server typically must serve the judgment debtor. Purposely transferring assets is known as a “fraudulent conveyance.”

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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. Look for records of bank accounts, investments, stocks, or other valuable assets.

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Collections Law

JANUARY 7, 2021

If you are an out-of-state business dealing with a delinquent debtor in the Commonwealth of Massachusetts, it’s a much more straightforward process than you might think to domesticate your judgment. However, it is still an uphill battle to have such a judgment enforced. Attachment of Assets. Supplementary Process. Receivership.

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Collection Industry News

JUNE 19, 2023

Here are some common ways defendants may choose to challenge a lien on their bank account : 1. Lack of proper documentation: Defendants can request that the party seeking the lien provide complete and accurate documentation supporting the debt or judgment. If procedural errors are found, it could invalidate the lien.

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Collections Law

JANUARY 13, 2023

The more debt they have out there, the smaller the slice each creditor can get, right? If your debtor hasn’t declared bankruptcy, there are several ways we can use to try to get you paid, even if you don’t have collateral or a court judgment yet. Others such as bank attachments require a motion to charge the trustee.

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Collections Law

NOVEMBER 9, 2020

Like nearly every other state as of 2020, Massachusetts finally adopted the Uniform Enforcement of Foreign Judgments Act, allowing out-of-state judgments to be domesticated by Massachusetts attorneys. How We Can File Foreign Judgments for Domestication By Registration. Cohen LLC has experience with. Registration vs. Litigation.

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Collections Law

AUGUST 11, 2020

Our debt collection firm works relentlessly and aggressively to help clients get their hard-earned monies back into their bank accounts from tricky debtors who want to delay payments or have zero intentions of paying back. We Domesticate Foreign Judgments in Massachusetts. And this is what we can help you with. Contact Us Today.

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