Debt Collection and Creditors’ Rights
The collection of a debt may involve many steps and a wide array of legal skills. Since founding our practice in Nassau County in 2004, the New York debt collection lawyers at The Nathanson Law Firm LLP have offered a frank, straight-shooting approach to cases involving the enforcement of judgments, retail and commercial debt collection, consumer credit transactions, and the collection of unpaid medical bills on behalf of physicians, hospitals, and other health care providers. Whether you own a local business and need help collecting overdue accounts, or you are an out-of-state attorney seeking assistance in executing a judgment on a debtor’s assets in New York, we are here to help. The Nathanson Law Firm LLP offers a vigorous combination of practical experience and cutting-edge technology to uncover the location and assets of debtors who make every effort to elude their obligations.Fighting for Creditors’ Rights Throughout the Debt Collection Process
If you have already obtained a judgment against a debtor in the courts of another state, we can help you “domesticate” your sister state judgment. The procedure that must be used to domesticate a judgment obtained outside New York State depends on factors such as whether the debtor made an appearance of record in the underlying action or if a default judgment was entered. If the defendant filed an answer in the underlying action and a judgment was entered on the merits, the judgment may be “domesticated,” or turned into a New York State judgment. The simplified process would involve filing an exemplified copy of the judgment with the county clerk, along with an affidavit detailing the circumstances of the original judgment and other relevant information.
However, if a default judgment was entered by a court in another state, the process is more complex. Typically, the creditor must file suit in New York by means of a Summons and Notice of Motion for Summary Judgment in lieu of complaint to obtain recognition of the original judgment by the State of New York for enforcement proceedings to commence.
Judgments of foreign nations may be domesticated in New York State if the creditor can convince the court that the judgment was rendered by an impartial tribunal under due process of law and that the foreign tribunal had jurisdiction over the defendant. In such a case, if the motion is unsuccessful, it will be deemed a new action for relief.Retail and Commercial Debt Collection and Consumer Credit Transactions
At The Nathanson Law Firm LLP, our debt collection attorneys assist clients in New York and nationwide in the collection of both retail and commercial debts. Attempts to collect retail debts (such as delinquent accounts or bad checks) owed by individual consumers are heavily regulated by laws such as the Federal Fair Debt Collection Practices Act. It is important that the Act be followed during any communications made in connection with debt collection and that no false or misleading representations be made regarding the character of the debtor or the amount that they owe. Civil liability may result from unfair practices under the Act, and other penalties may result from violations of New York State’s debtor and creditor laws. We take utmost care to assure that we are at all times in compliance to protect not only our law firm, but most importantly, our clients.
Commercial debts - obligations owed to one business by another business – are not regulated by the FDCPA but may be subject to other laws. Since the collection of commercial debts is less regulated than consumer credit transactions, commercial creditors sometimes have more options when it comes to enforcing their rights. Our firm can help creditors enforce their rights via provisional remedies as well as lawsuits to enforce promissory notes, commercial foreclosures, and other types of actions.Discuss Your Needs with a Debt Collection Lawyer in New York
Our goal at The Nathanson Law Firm LLP is to provide forthright legal advice, combined with aggressive collection efforts within the bounds of the applicable laws. From our offices in Garden City, NY, we assist clients throughout the state and across the nation collect debts and enforce judgments. When attempting to collect a debt or enforce a judgment, our firm uses advanced technology and modernized software to manage each account for maximum productivity. In order to best serve our clients, we offer multiple billing options, including contingency, flat fee, and hourly rates. We also accept credit cards from clients. Find out more about the many ways in which our New York debt collection attorneys can put our knowledge and skills to work for you. Call us today at (516) 568-0000 or contact us online to set up an appointment with a creditors’ rights attorney.