How to Remove a Default Judgment in New York


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.

Can a Debtor Get Their Money Back?


If the demand is not productive, you needed to sue and wait for judgment. Only once the judgment is entered can you collect the monies through judgment enforcement. Any monies taken through judgment enforcement efforts would need to be returned to the judgment debtor.

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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.

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


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

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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].

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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?


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. For commercial judgment debtors, although an unintended consequence, an exemption of $2,850 is applied. A judgment creditor could freeze a payroll account belonging to a commercial judgment debtor.

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.

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. As a creditor, hiring an attorney who has decades of experience in judgment collections can put a plan in place that will increase your chances of receiving a judgment payment from the debtor.

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. Therefore, no out of state judgment could be enforced here unless and until it was domesticated by filing a new suit to obtain a Massachusetts judgment.

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.