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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CICM

SEPTEMBER 3, 2021

The first lockdown saw a moratorium on all residential judgment enforcement and landlord action. When enforcement restarted in August 2020, the Government, Public Health England and the High Court Enforcement Officers Association (HCEOA), placed additional requirements, as part of the return to enforcement strategy.

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FFGN COLLECT NY

JULY 23, 2020

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. Two Methods for Vacating a Default Judgment.

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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. How to Enforce a Judgment Through Estate Distribution. Once satisfied, funds may be distributed to the judgment debtor.

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Collections Law

JANUARY 7, 2021

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. Attachment of Assets. Supplementary Process. Receivership.

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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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Collections Law

NOVEMBER 9, 2020

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. Cohen LLC has experience with. Registration.

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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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FFGN COLLECT NY

JUNE 17, 2022

New York gives full faith and credit to judgments entered in other states as required by the Constitution and under New York Civil Rules, provided the judgment was not entered on default and not entered pursuant to a confession of judgment. The creditor must then obtain an exemplified copy of the judgment from California.

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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. Further Steps to Enforce a Judgment. The Preliminary Review.

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FFGN COLLECT NY

JUNE 24, 2022

Aside from judgments from family court, New York currently allows all judgment creditors the same opportunities to enforce their judgments. The remedies available differ based on whether the judgment is entered against a natural person, an individual, or a corporation. That is until now. Lien on Property.

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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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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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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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Collections Law

NOVEMBER 9, 2020

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. We file your judgment with the court clerk, who will then give notice to your debtor. Cohen LLC has experience with.

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Financial Forensic Services

SEPTEMBER 19, 2021

History of the Judgment Enforcement Problem. 80 percent of the civil money judgments in the United States are never collected. Note: when drafting the judgment language for the judge’s signature, many attorneys stop with “legal fees.” when you win, the court awards you the money judgment and the defendant has to pay.

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FFGN COLLECT NY

AUGUST 11, 2021

If you have a judgment against a person who owes you a sizeable debt and had little success enforcing the judgment through traditional means, alternative options might afford better results. How to Enforce a Judgment Through Estate Distribution. Once satisfied, funds may be distributed to the judgment debtor.

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FFGN COLLECT NY

OCTOBER 16, 2020

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. There are two scenarios in which you’d have to return monies to a judgment debtor following debt collection litigation.

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Collections Law

JULY 31, 2020

Even when the court successfully rules in your favor, you are not guaranteed timely payment of either a Massachusetts judgment or a foreign judgment. Many others wait until post judgment to assess whether a debtor will pay or not and post judgment initiate debt recovery efforts, but not us. Reach and Apply Injunctions.

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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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Collection Industry News

SEPTEMBER 8, 2020

Debt collection means requiring debtors to pay creditors outstanding due or overdue amount or property as obligated by a contract or by a decision of a competent State’s authority. Creditors must have a legal basis and a set of evidence debt payment demand. Entities are performing debt collection activities. of these people.

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FFGN COLLECT NY

MAY 24, 2021

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. Presumably, the creditor would sue both the corporation and the guarantor or owner at the same time.

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FFGN COLLECT NY

SEPTEMBER 11, 2024

The protocol varies at each stage of the debt collection process, including demand, mediation , arbitration , litigation , judgment , and judgment enforcement. Many creditors do not wish to invest more money chasing bad debt. A collection attorney should offer a fee structure that ensures a good recovery for the client.

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Collections Law

JUNE 20, 2024

Cohen & Associates LLC, our commercial collections attorneys have more than 50 years of experience helping Massachusetts and out-of-state creditors seek judgments from their debtors and collect on unpaid debts. While these deadlines seem generous at face value, the sooner you secure a judgment, the more likely you are to get paid.

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FFGN COLLECT NY

JANUARY 13, 2021

Other complaints are linked to the lack of or failure to comply with licensing, the theft of monies collected for the benefit of creditors by the collection vendor, and more. The creditor makes a demand but is not paid. Judgment enforcement and more are conducted without state court scrutiny.

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FFGN COLLECT NY

MARCH 10, 2023

If the debtor has not paid the invoice or account balance, the creditor may send a demand letter requesting payment, send an email, fax, phone call or, if preferred, just file for mediation, arbitration, or a lawsuit straight away, as outlines the underlying agreement.

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FFGN COLLECT NY

SEPTEMBER 16, 2022

The debt collection process can include demand, mediation, arbitration, litigation and judgment enforcement. The good news for creditors looking for favorable fee arrangements in New York is that New York permits contingency fee debt collection.

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Collections Law

JULY 1, 2020

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. Unlike Others, We Aggressively Seek Pre-Judgment Attachments to Secure Debt Recovery.

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Consumer Financial Services Law

DECEMBER 29, 2016

I was one of four attorney members of the National Creditors Bar Association in attendance. Lastly, all groups encouraged the Bureau to publish the rules for creditors at the same time as the rules for the third party collectors. We were joined by representatives from the American Collectors Association and the Debt Buyers Association.

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FFGN COLLECT NY

DECEMBER 9, 2020

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. Not much is mentioned about the cost to the creditors who entrusted their claims and potential recovery to the firm.

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Collections Law

SEPTEMBER 24, 2020

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. What About Out-of-State Creditors? The United States Constitution requires states to honor judgments of other states as decided by their courts.

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Collections Law

SEPTEMBER 24, 2020

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. What About Out-of-State Creditors? The United States Constitution requires states to honor judgments of other states as decided by their courts.

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FDCPA Defense

MARCH 23, 2015

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. Courts have held that collectors may violate section 1692f(8) simply by placing their own name on the envelope. See, e.g., Keasey v. 980, 982 (N.D.

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Collections Law

OCTOBER 23, 2024

Obtaining a judgment is just the beginning of the commercial collections journey. The real challenge lies in enforcing that judgment and getting paid. Using ethical, but aggressive and relentless collections tactics, our commercial collection lawyers employ post-judgment remedies available to business owners in Massachusetts.

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FFGN COLLECT NY

MARCH 25, 2024

Reports stated it may not be possible for the former president to bond the state’s nearly half-billion ($500,000,000) judgment. If Trump cannot post the bond and execution of the judgment is not stayed, the judgment can be enforced here in New York and elsewhere. The marshal or sheriff could serve the bank.

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