What Is Debt Defense?
My debt defense practice involves the defense of creditor lawsuits in unsecured debts like credit cards, secure debts such as foreclosure cases on a mortgage or collection matters on a secured debt like an automobile or general breach of contract actions.
What Are The Different Types Of Debt That You And Your Firm Can Help People With?
I handle almost every type of consumer debt, credit cards, foreclosure cases, secured loans, UCC type collection matters and general breach of contract cases
Is The Debt That You Handle Mostly Credit Card Debt Or Some Other Type?
I handle a lot of credit card debt but I handle almost all other forms of debt collection matters. That could be a promissory note, a breach of contract action, a foreclosure case in a mortgage or other loan secured by collateral such as an automobile.
What Is A Judgment And A Default Judgment? When Are They Typically Imposed?
A judgment gets awarded at the conclusion of a case that could be on a motion, what’s called a motion for summary judgment or that could be after a trial. A default judgment gets entered against the defendant when they fail to appear or answer in the case and a judgment gets entered automatically in favor of the plaintiff.
What Is Wage Garnishment? How Much Of Your Wages Do They Take?
A wage garnishment can get issued on behalf of a holder of a judgment against a judgment debtor. This is a document that gets served on the employer that entitles the judgment creditor to collect a portion of the judgment debtor’s wages. Generally speaking the judgment creditor is entitled to collect 10% of the judgment debtor’s salary per pay period.
How Long Are Court Judgments Enforceable For?
Generally in the state of New York collection actions on an entered judgment can be commenced within 20 years of the entry of the judgment.
What Are The Statute Of Limitations For Debt-Related Cases?
As a debt-related case is essentially a breach of contract case, the statute of limitations in the state of New York is six years from the date of the breach of contract.
Is It Advisable Not To Make Any Payments When Contacted By The Creditors Or Collectors?
This depends on several factors to be determined in a person’s individual case. The decision to pay or not pay particular creditor can be out of necessity or it can be out of a long-term strategy for dealing with the total debt picture. These factors are all taken into account when I am evaluating an individual’s debt and how to handle it.
Is It Ever Helpful To Try And Explain To The Creditor The Reasons For An Inability To Pay?
The inability to make payments is generally not a defense to any debt collection action. In my experience creditors are not interested in somebody‘s reason for not paying that debt. When it comes to settling the debt a person’s individual hardship information may be helpful in somewhat reducing the debt and obtaining a settlement.
How Can Someone Discover If They Are Legitimately Being Sued By A Creditor?
In New York a person would have to go to their individual local courthouse or the county courthouse in which they reside and they could search the court records to see if they are being sued by a particular creditor.
Do People Have To Actually Attend Court In These Cases?
When I represent an individual and a debt collection matter generally the client is not obligated to appear in court at any time unless there is a trial. And even if there is a trial many times I am able to defend the case without the client’s presence. I am able to attack the documents, proof and witnesses that the plaintiff attempts to interpose in the case and many times that leads to a dismissal or favorable settlement
What If Someone Cannot Afford A Debt Defense Attorney Due To Financial Hardship?
If someone cannot afford a debt defense attorney, I would recommend them seeing the court personnel and getting advice on how to file a pro se answer where they represent themselves. If a defendant in a debt collection matter fails to appear and answer the case an automatic default judgment will be entered against them and they won’t have a chance to defend the case.
How Do You Advise People That Want To File Bankruptcy In Response To A Creditor Lawsuit?
I take a complete look at an individual’s debt picture and determine what method of dealing with that debt is right for them. Whether it’s a default, debt settlement or bankruptcy. There are many factors that get considered when deciding how to advise an individual debt client on how to best deal with that debt.
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