How to Collect on a Judgment in New York

FFGN COLLECT NY

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. Within the statute, New York gives creditors liberal rights and remedies to collect their judgment largely without court intervention. Once the judgment is entered, you must provide the requisite notice of entry, if required.

How to Remove a Default Judgment in New York

FFGN COLLECT NY

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.

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Does Paying Personal Expenses From Your Business’ Account Create Liability For Your Company?

FFGN COLLECT NY

Normally, if a person owns a corporation and a judgment is entered against that corporation for an outstanding debt, the only assets at risk of judgment enforcement are those of the corporation. If this happens and the court finds the owners and/or officers liable for the debts, their personal bank accounts and assets could be used for judgment enforcement related to the company’s debt.

Understanding New York Debt Collection Laws

FFGN COLLECT NY

Judgment enforcement and more are conducted without state court scrutiny. New York’s liberal judgment enforcement policies allow attorneys’ offices to conduct almost all judgment enforcement activities. Whether you are looking for assistance with collection efforts or want to make sure your current vendor is in compliance, you should be familiar with the laws that govern New York debt collection.

Domesticating Your Foreign Judgments with Skilled Collections Attorney Alan M. Cohen

Collections Law

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.

How a Foreign Judgment Is Enforced in Massachusetts

Collections Law

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.

Recovering Bad Debts With an Aggressive Collections Attorney

Collections Law

Even when the court successfully rules in your favor, you are not guaranteed timely payment of either a Massachusetts judgment or a foreign judgment. We make sure there is a plan in place for collection before the judgment is entered. Domesticating Foreign Judgments.

Using Your Debtor’s Assets to Secure Judgment Collections

Collections Law

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.

What Business Owners Should Know Before They Guarantee a Line of Credit

FFGN COLLECT NY

Is the guarantor flush with cash or investments or are all monies and assets belonging to the guarantor exempt from judgment enforcement ?

Loans 52

What Business Owners Need to Know About Their Foreign Judgment Rights

Collections Law

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.

Using Aggressive Methods to Domesticate Foreign Judgments and Enforce Mechanics Liens

Collections Law

We Domesticate Foreign Judgments in Massachusetts. Therefore, to implement and enforce it, the creditor must get the judgment domesticated. Cohen LLC, we domesticate your foreign judgment in Massachusetts and simultaneously work to secure payment of that judgment.

Can a NY Judgment Creditor Garnish PPP or Other CARES Act Funds?

FFGN COLLECT NY

Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors? Although New York has liberal laws on judgment enforcement, CPLR Sect 5222-a provides a laundry list of funds exempt from creditors’ reach.

Concerns over prohibition against debt collection service

Collection Industry News

Lawyers collect debts by negotiation, conciliation or filing a lawsuit to arbitration or court, and by enforcement of State’s agency. Especially, at the stage of judgment execution, debtors must have assets to obey the Court’s judgement. Unsurprisingly, the debt recovery ratio of such enterprises reaches 90%, compared to that of the judgment enforcement agencies, which is only 50%. [2].

Trade 48

Service Has to Be Solid When It Comes to Debt Collection

FFGN COLLECT NY

The result of these investigations highlights the judgments entered without cause and disciplinary actions against the firms for failing to deliver solid service of the court documents. This can include notice of default, notice of non-payment, notice of pendency, notice under mechanics lien, notice that a debt collection claim has been filed or, that a judgment has been entered. The Illinois judgment appeared valid. In this case, we represented the judgment debtors.

How Aggressive Collections Attorneys Can Aid in Massachusetts Debt Recovery

Collections Law

Instead, they will help you collect on the debt by filing a lawsuit against the debtor, seeking and obtaining attachments on the debtor’s assets, and even garnishing their wages post-judgment so that you can get paid for your judgment debt.

How a Skilled Collections Lawyer Improves Your Odds of Commercial Debt Recovery

Collections Law

Cohen LLC can create and implement a plan for debt recovery to enhance your bad debt recovery and enforce judgments that you have previously obtained or that they win on your behalf. The United States Constitution requires states to honor judgments of other states as decided by their courts. Many debt collection attorneys are unfamiliar with this process, making it extremely critical to hire a debt collection attorney who is experienced in domesticating foreign judgments.

Domesticating and Enforcing Your Foreign Judgments With a Massachusetts Collections Attorney

Collections Law

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.

Guest Post: CFPB Seeks Information for Third Party Debt Collection Rules

Consumer Financial Services Law

He concentrates his practice in creditors' rights with an emphasis on debt collection, judgment enforcement, and commercial litigation. Having practiced in the creditors' rights field for more than 25 years, he has written and lectured extensively on debt collection and judgment enforcement. Editor’s Note: On November 3, 2016, Smith Debnam’s Jerry Myers attended a meeting with the CFPB to discuss the proposed rules for third party debt collection.

Is Your Envelope “Benign” Under The FDCPA?

FDCPA Defense

Judgment Enforcement Law Firm, PLLC , 2014 WL 1744268, **3-4 (W.D. 30, 2014) (section 1692f(8) violated by use of name “Judgment Enforcement Law Firm” on envelope); Rutyna v. The FDCPA prohibits a collector from placing “any language or symbol” on a debt collection envelope, other than the collector’s address. That’s right, you read that sentence correctly – absolutely nothing can be safely placed on the envelope, except for the collector’s address.