FFGN COLLECT NY

OCTOBER 20, 2021

When considering what funds are exempt from judgment enforcement and the reach of judgment creditors, New York and the federal government draw a line between enforcing judgments against consumers and enforcing judgments against commercial entities. What If Funds Exempt From Judgment Enforcement Are Held?

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Judgment Enforcement Judgment Debtor Creditors 98

Collections Law

APRIL 23, 2024

Winning a judgment from the court might feel like a victory, but getting paid might be a whole new battle that you and your company were not expecting. Our tenacious commercial collections attorneys are relentless and aggressive when it comes to collecting money and enforcing judgments t to get our clients get paid.

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Judgment Judgment Enforcement Commercial Collection Collections 98

FFGN COLLECT NY

MARCH 18, 2025

Looking to execute on a judgment but need more information about the judgment debtors assets to collect? If so, you might consider a debtors exam. A debtors exam provides an opportunity for the creditor to question the judgment debtor and discover information related to the defendants assets.

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Debtor Judgment Collections Banks 52

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? Self-Help Repossession.

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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.

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Collections Judgment Debtor Creditors 52

Collections Law

JULY 28, 2023

Large businesses and corporations that encounter nonpayment of business debt may assume that getting a court judgment against the non-paying company is all that is necessary. There are companies who will still withhold payment even after a court judgment. When they do, you need an attorney who knows how to collect on a judgment.

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Judgment Collections Creditors Debtor 90

FFGN COLLECT NY

NOVEMBER 4, 2021

There is no state as liberal as New York when it comes to commercial debt collection and the enforcement of judgments against commercial entities. New York Civil Practice and Rules Article 52 grants the judgment creditor many liberties and privileges when it comes to enforcing a judgment.

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Judgment Enforcement Judgment Collections Financial Institution 98

Collections Law

DECEMBER 2, 2024

Unpaid debts present numerous challenges for creditors. One such challenge is when a debtor claims not to have the funds to pay their unpaid debts. If you are dealing with a suspicious debtor, our ethical commercial collections attorneys are relentless about pursuing unpaid debts. Is a debtor really out of cash?

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Commercial Collection Debtor Creditors Collections 52

FFGN COLLECT NY

OCTOBER 15, 2024

Liability does not transfer to another person unless there is a co-debtor, a personal guarantor, or someone else liable for the debt by operation of law (i.e., Some assets may pass outside of someone’s estate or administration (if they died without a will), which means they cannot satisfy the amount owed to you, the creditor.

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Collections Judgment Debtor Creditors 52

Collections Law

MARCH 27, 2023

When you have a commercial debtor who won’t pay but stays in business, they’re using your money to stay afloat. We called this “creditor financing.” Your debtor claims they cannot pay (“CANOPS”), but they’re still in operation. We may also seek a pre-judgment attachment on certain assets, without notice to the debtor.

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Debtor Creditors Judgment Collection Agencies 52

Jimerson Firm

NOVEMBER 8, 2023

Judgment creditors are often faced with the question of how to collect an out-of-state judgment (also commonly referred to as a foreign judgment) in Florida. Once the foreign judgment is domesticated, the judgment creditor may pursue post-judgment collections efforts in Florida. 55.501, Fla.

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Judgment Debtor Garnishment Creditors 59

FFGN COLLECT NY

MARCH 25, 2024

At the time of the interview, Press had indicated that it may not be possible for the former President to bond the State’s almost Five Hundred-Million-dollar ($500,000,000.00) judgment. If the bond cannot be posted and execution of the judgment is not stayed, the judgment can be enforced here in New York and elsewhere.

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Lawyers Judgment Collections Judgment Enforcement 98

Collections Law

APRIL 9, 2021

You’ve won your case in court, and your debtor needs to make the necessary payments to resolve the outstanding debt. Very often your initial attorney who obviously excels at winning the case for you does not know the ins and outs of debt recovery or post-judgment collection. But it rarely is that easy. Bank and Real Estate Attachments.

Debtor 52

Debtor Judgment Collections Debt Recovery 52

Nexa Collect

MARCH 12, 2021

Skip tracing, employment and asset tracking, locating real and personal property, investigating liens, judgments, and corporate filings with the local Secretary of State, are but a few of the methods used to recover your receivables. All that being said, in Puerto Rico interest is allowed on money judgments, at a rate of 6%.

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Collection Agencies Collections Agency Collections Garnishment 130

FFGN COLLECT NY

MARCH 12, 2025

This allows the court clerk to enter a judgment on default, assuming the creditors documents are in order. The goal is to word your complaint in a way that avoids the necessity of a court order, which could further delay the entry of judgment six months to a year. The client receives authorization to perform the services.

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Collections Creditors Judgment Legal Rights 52

FFGN COLLECT NY

AUGUST 12, 2021

If you have a judgment against a person who owes you a sizable debt and had little success enforcing the judgment through traditional means, alternative options might afford better results. However, if the debtor is a beneficiary of a deceased New Yorker’s estate, you may be able to enforce the judgment through estate distribution.

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Judgment Debtor Judgment Enforcement Creditors 52

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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Debtor Debt Recovery Judgment Collections 45

Collections Law

JULY 6, 2021

Cohen LLC, you will find that the process of domesticating and enforcing foreign judgments against your debtors is a much more straightforward process than one would typically expect. Filing of Judgments. For out-of-state creditors, the commercial litigation collections lawyers at Law Offices of Alan M.

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Debtor Judgment Collections Lawyers 52

FFGN COLLECT NY

NOVEMBER 12, 2021

But aside from the difference in cost advance, is the increase of the monetary limit in the civil courts good for creditors bringing debt collection claims in the New York state courts? Take for example New York Civil (Manhattan), where creditors who waited nine months for judgments pre-pandemic now find themselves with an 18-24 month wait.

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Creditors Judgment Debtor Consumer Credit 74

FFGN COLLECT NY

JUNE 3, 2020

With both consumers and small businesses receiving funds from the Paycheck Protection Program (PPP) and CARES Act, questions have come up as to whether these amounts can be frozen or garnished by debt collectors or creditors. Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors?

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Garnishment Creditors Judgment Judgment Enforcement 52

FFGN COLLECT NY

APRIL 23, 2024

New York debt collection laws allow judgment creditors many ways to collect from debtors. One option available is to take over or “charge” a judgment debtor’s interest in an LLC or limited liability company. NY Civil Practice Law and Rules Article 52 is the go-to statute for judgment enforcement in New York.

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Judgment Judgment Enforcement Debtor Creditors 52

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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Judgment Banks Garnishment Commercial Collection 52

Troutman Sanders

JANUARY 29, 2024

As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition. She listed 45 unsecured creditors in her schedules of assets and liabilities, including the $7,400 credit card debt at issue. Prior to filing its motion, the debt buyer did not conduct a search for bankruptcy filings.

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Bankruptcy Chapter 7 bankruptcy Credit Card Debt Garnishment 98

Jimerson Firm

MAY 30, 2024

The Bankruptcy Code provides debtors with a fresh start or an opportunity to reorganize their debts. In doing so, the Code requires all debtors to provide, under oath, a full disclosure of their assets and liabilities. Such property includes causes of action belonging to the debtor at the commencement of the bankruptcy case.

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Debtor Bankruptcy Chapter 7 bankruptcy Creditors 59

Collections Law

OCTOBER 12, 2021

When you win your judgment case against a debtor who has not paid, you may not want to celebrate just yet. Cohen LLC, we employ many different methods of collecting for our clients, but when the debtor fails to cooperate, we may turn to the courts for help through supplementary process. At Law Offices of Alan M.

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Creditors Debtor Judgment Commercial Collection 52

FFGN COLLECT NY

OCTOBER 16, 2020

After finally collecting the monies owed to you through debt collection litigation, the debtor wants their money back. Can a debtor really 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.

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Debtor Judgment Enforcement Judgment Creditors 52

Collections Law

JULY 25, 2023

We seek to freeze a debtor’s assets prior to obtaining a judgment so that there is an identifiable resource from which to get you paid. Once you get that judgment, we seek leave of the court to direct the person or entity which is holding the debtor’s seized assets to pay you. Cohen & Associates LLC.

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Debtor Judgment Creditors Collections 52

FFGN COLLECT NY

MAY 18, 2022

Can you use a judgment to restrain a bank account or other assets maintained by a judgment debtor outside of New York state? When it comes to out-of-state debtors, restraining a bank account is possible, but depends on certain factors. A New York creditor files suit in New York against a California debtor.

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Debtor Banks Judgment Creditors 52

Collections Law

SEPTEMBER 24, 2021

If you are having trouble collecting a commercial debt, you may wonder what you can do to make the debtor pay. If your debtor owns real estate in Massachusetts, a real estate attachment could be just the tool you need. Real estate attachments are a type of pre-judgment attachment. How does a real estate attachment work?

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Collections Debtor Commercial Collection Judgment 98

PBWT

JULY 20, 2021

The Bankruptcy Code grants the power to avoid certain transactions to a bankruptcy trustee or debtor-in-possession. Is there a general requirement that these avoidance powers only be used when doing so would benefit creditors? Plaintiff moved for summary judgment on this issue in April 2021. See, e.g., 11 U.S.C. §§

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Creditors Bankruptcy Debtor Manufacturing 65

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? The city marshal will levy the debtor’s commercial property, bank accounts, and other assets. The city marshal will levy the debtor’s commercial property, bank accounts, and other assets. When Is a Sale Appropriate?

Judgment 52

Judgment Debtor Creditors Lender 52

Collections Law

FEBRUARY 22, 2022

Cohen LLC, our attorneys have nearly 50 years of combined legal experience peeling back the layers of a company’s transactions to find fraudulent conveyances that reveal a debtor’s hidden assets. On paper, it may appear that the debtor no longer owns that property, but in reality, they still control it.

Debtor 98

Debtor Commercial Collection Judgment Creditors 98

Collections Law

DECEMBER 19, 2022

A foreign judgment is a judgment, decree, or court order outside of the Commonwealth of Massachusetts. Creditors can use certain legal tools to collect from deadbeat debtors, but the process requires following a complex legal process. How does a creditor collect on a foreign judgment?

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Judgment Collections Debtor Creditors 52

Collections Law

JANUARY 13, 2023

It is extremely frustrating to discover that your debtor owes other people a lot of money. 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.

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Debtor Judgment Collateral Garnishment 52

FFGN COLLECT NY

SEPTEMBER 22, 2021

A client of ours in the waterproofing business asked for our best practices when enforcing a judgment. Best practices would generally infer that judgment enforcement differs based on the creditor’s industry, but that’s not the case. In this instance, we found six cases filed against the debtor.

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Judgment Mechanic’s Liens Debtor Banks 52

Collections Law

FEBRUARY 2, 2024

Unfortunately, when a company has experience as a debtor, sometimes, this has given them an opportunity to learn a few tricks to try and avoid collection efforts. Cohen & Associates LLC know that debtors will sometimes go to great lengths to avoid paying their debts. Obtaining a judgment whether procedurally or at trial.

Debtor 52

Debtor Judgment Commercial Collection Collections 52

FFGN COLLECT NY

MARCH 23, 2022

You have taken the steps necessary to domesticate an out-of-state or foreign country judgment in New York and are ready to start restraining assets to satisfy the judgment. Before you make your next move, there is a step our firm recommends taking before you execute on a domesticated judgment in NY. More specifically: §5403.

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Judgment Debtor Creditors Collections 52