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

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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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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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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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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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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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

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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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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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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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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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

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. Proceeding With Duces Tecum A duces tecum is not for all cases.

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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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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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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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Troutman Sanders

MAY 2, 2022

District for the Southern District of New York Judge Mary Kay Vyskocil issued an order , enjoining three named sheriffs in New York from enforcing the recently enacted New York Fair Consumer Judgment Interest Act (Act) on a retroactive basis and directs the plaintiffs to deliver notice of the same to all 62 sheriffs located within the state.

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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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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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Troutman Sanders

OCTOBER 7, 2021

a Third Circuit district court granted summary judgment to the defendants in a Fair Debt Collection Practices Act (FDCPA) case. LTD subsequently sent four collection letters to the plaintiff that identified the creditor as “Citibank (South Dakota), N.A. In Bordeaux v.

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Credit Corp

FEBRUARY 23, 2024

Much like the characters in a post-apocalyptic story, it’s possible to overcome zombie debt with the right know-how. It may be possible to settle zombie debt with your original creditor. Remember that one of your Fair Credit Reporting Act (FCRA) rights is to have an accurate credit report. How Does Zombie Debt Work?

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ABI

JANUARY 12, 2022

In In re Brinskele , a bankruptcy court in California held that a judgment lien against Edward A. Brinskele (“Spouse”) was enforceable against the real property of his wife, Rebecca Brown Brinskele (“Debtor”), where the Spouse quit-claimed his interest in that property to the Debtor after a judgment lien had been recorded. [1]

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Troutman Sanders

AUGUST 29, 2023

Palisades Acquisition XVI, LLC , the plaintiff incurred a credit card debt, which was later assigned to a new creditor. In 2007, the new creditor commenced an action to recover the debt and obtained a default judgment against the plaintiff. The default judgment was later assigned to Palisades Acquisition.

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Collections Law

AUGUST 24, 2023

In Massachusetts, a real estate attachment allows us to freeze the property before we even get a court judgment against the debtor. Inexperienced collection attorneys start thinking about how to collect only once they have a court judgment. That way, once we obtain judgment, the parcel would be available for sale.

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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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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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Credit Corp

JUNE 14, 2020

Zombie Debts and Judgments. If the original creditor went to court and obtained a judgment against you for a debt, the zombie debt cycle can be more complicated. First, judgments provide the creditor with the legal means to collect via actions such as wage garnishments or bank account liens.

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Jimerson Firm

APRIL 16, 2024

The person holding legal title to the property is the trustee, while the beneficiary retains equitable ownership rights. There is a well-established policy in Florida law that a creditor may levy upon the debtor’s interest in any self-settled trust. Only the name of the trustee is public.

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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. We look for other assets that can be frozen until we come for them with a judgment.

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Jimerson Firm

MAY 19, 2021

Although a lender may have won the battle by obtaining a final judgment of foreclosure from the court, it may not win the war. Although a lender may not be able to avoid this from happening, it should be aware of how and why their final judgment of foreclosure may be set aside. Why Would a Final Judgment of Foreclosure be Set Aside?

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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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Troutman Sanders

DECEMBER 8, 2022

The Act has been touted as a way to protect Arizonans with medical debt from bankruptcy and set new exemption limits on property subject to debt collection and decreased the portion of a judgment debtor’s income that is subject to garnishment. The plaintiffs, led by the Arizona Creditors Bar Association Inc.,

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Collections Law

MAY 23, 2023

Battle tactics Before there is even a judgment against the debtor, we lay the groundwork for a successful collection. Once we have gotten the asset frozen, we immediately seek a legal judgment against your debtor. Most of the time, when we get that judgment, ka-ching! We know how to collect judgments from recalcitrant debtors.

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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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PBWT

DECEMBER 13, 2020

Because it was solvent at confirmation, the debtor proposed to pay secured creditors in full, with interest at the contract rate, and general unsecured creditors in full, with postpetition interest at the “legal rate,” or a rate determined by the Court that leaves the creditors unimpaired. [1] 3d 1241 (9th Cir.

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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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