Collections Law

JULY 25, 2023

We seek to freeze a debtor’s assets prior to obtaining a judgment so that there is an identifiable resource from which to get you paid. Once you get that judgment, we seek leave of the court to direct the person or entity which is holding the debtor’s seized assets to pay you.

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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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Collections Law

APRIL 9, 2021

You’ve won your case in court, and your debtor needs to make the necessary payments to resolve the outstanding debt. 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. Bank and Real Estate Attachments.

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Debtor Judgment Collections Debt Recovery 52

Nexa Collect

NOVEMBER 1, 2021

Individuals can be legally forced to pay their debts with their cryptocurrency, but the creditor must have a judgment which states that the debtor is obligated to pay off the debt, including any cryptocurrency they own. Knowing whether or not the debtor owns crypto like bitcoin is of course a challenge.

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Collections Law

JANUARY 13, 2023

It is extremely frustrating to discover that your debtor owes other people a lot of money. 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. Since your debtor isn’t in bankruptcy, we can pursue the debt aggressively.

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Debtor Judgment Collateral Garnishment 52

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. Once your foreign judgment is domesticated by registration and enforced, the Law Offices of Alan M.

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Debtor Judgment Collections Lawyers 52

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

MARCH 27, 2023

When you have a commercial debtor who won’t pay but stays in business, they’re using your money to stay afloat. Your debtor claims they cannot pay (“CANOPS”), but they’re still in operation. We may also seek a pre-judgment attachment on certain assets, without notice to the debtor. We called this “creditor financing.”

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Debtor Creditors Judgment Collection Agencies 52

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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Judgment Enforcement Judgment Collections Financial Institution 98

Collections Law

APRIL 9, 2021

You’ve won your case in court, and your debtor needs to make the necessary payments to resolve the outstanding debt. 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. Bank and Real Estate Attachments The Law Offices of Alan M.

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Debtor Judgment Collections Debt Recovery 40

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. There are limits when it comes to searching for individual consumer debtors through social media.

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Judgment Mechanic’s Liens Debtor Judgment Enforcement 52

Collections Law

MAY 10, 2022

The first major question we must ask is whether we will pursue an attachment to the debtors assets before we have a judgment from the court, known as a prejudgment attachment. Our other option is to wait until after we receive the judgment from the court, known as post-judgment collection. Cohen LLC.

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Judgment Collections Debtor Commercial Collection 52

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. See Florida Statute Chapter 77.

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Garnishment Banks Collections Judgment 52

Stevens Lloyd

DECEMBER 13, 2018

You have initiated a lawsuit and won a Default Judgment against the debtor. Judgments are worthless unless you can locate and garnish the debtor’s assets, however. Extracting money from judgments necessitates obtaining significant information about the debtor as it relates to their assets. So now what ?

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Debtor Debt Recovery Judgment Collections 45

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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Judgment Creditors Banks Debtor 52

FFGN COLLECT NY

AUGUST 11, 2021

If you have a judgment against a person who owes you a sizeable debt and had little success enforcing the judgment through traditional means, alternative options might afford better results. How to Enforce a Judgment Through Estate Distribution. How to Enforce a Judgment Through Estate Distribution.

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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 Judgment Debtor Commercial Collection 52

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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Judgment Collections Creditors Debtor 52

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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Collections Judgment Debtor Commercial Collection 52

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. They can not execute statewide.

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Judgment Lender Judgment Enforcement Banks 52

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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Judgment Collections Debtor Healthcare 52

Jimerson Firm

AUGUST 12, 2021

Lenders who move for summary judgment under Florida’s new summary judgment standard will likely enjoy more favorable outcomes. The court’s more rigorous review of attempts to withstand summary judgment will change expected litigation outcomes, impact litigation strategy, and largely benefits lenders. Guild of America, Inc.,

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Judgment Lender Loans Debtor 98

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. Finding Your Debtor’s Assets. The first step in this process is determining which of your debtor’s assets can be seized to get you paid.

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Judgment Mechanic’s Liens Collections Debtor 52

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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Judgment Judgment Enforcement Collections Debtor 40

Collections Law

MAY 10, 2022

When you need to collect on a commercial debt, freezing the debtor’s bank account can be one of the most effective collection methods available. The technical name for this action is a trustee attachment but is commonly referred to as a bank attachment. You may also pursue them after your judgment, if necessary.

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Banks Collections Debtor Judgment 40

Troutman Sanders

JANUARY 29, 2024

As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition. 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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Bankruptcy Chapter 7 bankruptcy Credit Card Debt Garnishment 98

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.

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Judgment Judgment Enforcement Debtor Debt Recovery 52

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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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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Judgment Garnishment Debtor Debt Recovery 40

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.

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Debtor Judgment Creditors Banks 52

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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Financial services Judgment Debtor Creditors 52

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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Judgment Lender Banks Debtor 52

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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Judgment Judgment Enforcement Collections Debtor 52

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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Banks Financial Institution Judgment Debtor 40

Collections Law

FEBRUARY 1, 2023

We act quickly to freeze assets so they will be available to pay a judgment There are many scenarios that could explain a debtor refusing to make good on a bad check. Luckily, they don’t all involve the debtor having no money or going into bankruptcy. For example, when we sue, we may seek an ex parte bank attachment.

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Collections Law

AUGUST 11, 2020

Cohen LLC, you don’t have to suffer from the stress and frustration that comes with the legwork involved in following up with debtors. You also don’t have to sit helplessly in the face of bad debts when your debtor fails to make payments. We Domesticate Foreign Judgments in Massachusetts. With us, the Law Offices of Alan M.

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Judgment Debtor Construction Lawyers 52

Collections Law

NOVEMBER 6, 2019

Cohen LLC , we fight to get your business paid on your judgment debt as well as for the services and materials you have provided for which debtors have failed to pay in a timely manner. Ex Parte Bank Attachments. Your debtor may use multiple bank accounts, so it is useful for you to keep copies of all checks received.

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Judgment Garnishment Debtor Banks 40