Account Recovery

MARCH 10, 2025

ROBBIN LAW: After the New York Attorney General Letitia James (NYAG) recent crack downs on debt collectors violations of New Yorks Exempt Income Protection Act (EIPA), the NYAG has provided debtors with a guide on their rights under the EIPA. More details here.

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Credit Corp

MAY 30, 2023

A judgment is an order issued by a judge or jury to settle a lawsuit. This decision details the rights, responsibilities, and obligations of each party. In this case, the judge may order you to pay the other party as part of the court’s final judgment. These terms are laid out in the final judgment.

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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). In 2014, Form 1.996(a) was further amended to add titles, update the statutory reference to time for right of redemption, and add a paragraph on attorneys’ fees.

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FFGN COLLECT NY

MARCH 6, 2025

A frequently asked question about New York debt collection is whether a creditor can recover the cost of collections, including attorney’s fees. The clause that provides for recovery must make it clear that the creditor is entitled to recover the cost of collection in the event of non-payment. Recovery is not guaranteed.

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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. Amount of Deficiency Judgment.

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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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Credit Corp

MARCH 12, 2025

the creditor wins the lawsuit, you may face serious financial repercussions. This is why it is important to know your legal rights and how to mitigate the effects of being sued. By being proactive and understanding your rights and protections, you can reduce the long-term consequences of a credit card lawsuit. An estimated 2.5

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FFGN COLLECT NY

MARCH 12, 2025

The causes of action set forth the facts of your case that support your legal right or legal theory to collect the monies owed to you. This allows the court clerk to enter a judgment on default, assuming the creditors documents are in order. The customer has insurance, and the creditor agrees to accept payment by the carrier.

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Collections Law

JULY 25, 2024

With a thorough understanding of the idiosyncrasies of Massachusetts collections laws, they can lend their extensive knowledge to your company’s outstanding debts with post-judgment collection strategies, like bank attachments. A bank attachment is a powerful post-judgment collection tool. What is a bank attachment?

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In the Red

MARCH 23, 2020

When a company is insolvent, meaning it’s not able to pay its creditors in full, the directors and officers still owe their fiduciary duties of due care and loyalty to the corporation. However, upon insolvency, creditors have standing to bring derivative claims for breach of fiduciary duty against directors and officers.

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In the Red

MARCH 23, 2020

When a company is insolvent, meaning it’s not able to pay its creditors in full, the directors and officers still owe their fiduciary duties of due care and loyalty to the corporation. However, upon insolvency, creditors have standing to bring derivative claims for breach of fiduciary duty against directors and officers.

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In the Red

MARCH 23, 2020

When a company is insolvent, meaning it’s not able to pay its creditors in full, the directors and officers still owe their fiduciary duties of due care and loyalty to the corporation. However, upon insolvency, creditors have standing to bring derivative claims for breach of fiduciary duty against directors and officers.

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Account Recovery

AUGUST 12, 2024

First, the focus on the plain language of the arbitration agreement contained in the cardholder agreement between Glover and the original creditor. Plaintiff argued that “the contract between the parties is voluntarily surrendered and canceled by merger in the judgment and ceases to exist”. More details here. The Court said no.

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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? Florida provides a statutory right of replevin.

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Sawin & Shea

NOVEMBER 23, 2022

Both being sued by a creditor and bankruptcy can feel like scary situations, but rest assured, filing for bankruptcy can help. Can a Creditor File a Lawsuit Against Me? Creditors can, and most likely will, take you to court if you owe a debt such as a credit card or medical bills and cannot pay. Debt due to a breach of contract.

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Collections Law

DECEMBER 27, 2024

You have a judgment in hand, yet your debtor seems unfazed, conducting transactions and collecting payments without a second thought to what they owe you. A reach and apply injunction can help you collect on an unpaid judgment by making sure that your debtor cannot continue to ignore their financial obligation to you.

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FFGN COLLECT NY

AUGUST 26, 2024

How do you get paid when you’ve won your New York debt collection case and have a money judgment? Read on to understand the mechanics of the sale and how to satisfy your judgment. Between the time of levy and the sale date, the debtor often contacts the marshal’s office to arrange payment of the judgment and marshal fees.

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Collections Law

MAY 29, 2023

You went to the trouble of getting a judgment against your delinquent debtor and now what? Luckily, Massachusetts law offers a way to follow the money after a judgment goes unpaid. Rule 69 of the Massachusetts Rules of Civil Procedure gives creditors the power to enter into a discovery process after the judgment has been entered.

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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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Jimerson Firm

AUGUST 7, 2020

The Act codifies existing common law in Florida regarding the right to have a receiver appointed by the court in commercial foreclosure actions, and provides much needed clarity, predictability, and uniformity on the standard for the appointment of a receiver and the powers of receivers.

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Collections Law

SEPTEMBER 24, 2021

Cohen LLC know how to choose the right tools for the job. Real estate attachments are a type of pre-judgment attachment. That means you secure the asset before you receive the judgment against the debtor. The debtor cannot transfer that asset while the judgment case is underway. When can you use a real estate attachment?

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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. The post Can You Secure a Debt Collection Judgment Lien on a NY Co-Op ?

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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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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. this can still lead to embarrassment or social stigma.

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The Kaplan Group

AUGUST 6, 2020

This means that creditors can come after your personal assets to pay off business debt. Creditors can also try to “pierce the corporate veil” and seek payment from shareholders if you pay personal expenses with business funds. You can then deal with the court ordered judgment collection process at a later date.

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Credit Corp

MAY 19, 2021

We’ll walk you through the process, as well as some alternatives, so you can make the right choices for tackling your debt. If you owe money and don’t pay it, a creditor typically has to get a judgment to be able to force the collection. Judgments must be filed in the state where you reside.

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Collections Law

OCTOBER 21, 2024

Cohen & Associates LLC, our commercial collections attorneys are well-versed in the laws authorizing creditors to collect unpaid debts. You have every right to collect on your business’s debts. Uniform Commercial Code (UCC) – MGL c.106: At the Law Offices of Alan M.

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Collections Law

FEBRUARY 12, 2021

Cohen LLC domesticate and enforce foreign judgments for clients outside Massachusetts. We’ve created this blog as a primer on how we handle foreign judgment cases, as well as examining the tools that we use to help business owners like you to collect their accounts receivables. Domesticating Your Judgment.

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Collections Law

AUGUST 11, 2020

We Domesticate Foreign Judgments in Massachusetts. At times creditors operating outside Massachusetts find it extremely difficult to recover debts from debtors who reside and operate in the Commonwealth of Massachusetts. Therefore, to implement and enforce it, the creditor must get the judgment domesticated.

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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. How will Debtor pay his Debt to the Creditor in a decentralized way? government earlier before?

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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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Collections Law

FEBRUARY 9, 2024

A company has a right to pursue a debt that is owed to them. State and federal consumer and commercial laws afford methods for creditors to collect the debts that are owed to them. What is ethical debt collection? Our lawyers are well-versed in the Fair Debt Collection Practices Act (FDCPA).

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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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Account Recovery

SEPTEMBER 30, 2024

Judge Rules Debt Collection Lawsuit Waives Arbitration Clause A District Court judge in Maryland has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the defendant waived its right to arbitrate by engaging in prior litigation. More details here. So what’s the takeaway?

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Jimerson Firm

FEBRUARY 11, 2022

This article will provide an overview of what happens when a property owner files for bankruptcy and what contractors and subcontractors can do with their construction lien rights in bankruptcy to try to protect their interests. However, it may not include subcontractors if they are not already creditors known by the owner.

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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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Collections Law

AUGUST 17, 2021

The entry of a judgment does not translate into payment in most cases. During the initial judgment case, the Massachusetts courts do not allow the creditor business to inquire into the debtor’s assets. A debt collection judgment changes this, however, allowing post-judgment discovery. At Law Offices of Alan M.

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