Warner & Scheuerman

No, a debt collector is not required to give the consumer instructions on how to request substantiation if they are treating a dispute as a request for substantiation and stopping collection efforts.

You might be able to sue another company or person for tortious interference if they harmed your contractual or other business relationships. When someone purposefully tampers with another person's business relationships, a lawsuit of this kind is frequently filed. Depending on the circumstances, you might be entitled to damages like mental anguish, punitive damages, and more if you can prove your case.

Yes. The appeals court's actions typically fall into one of three categories: 1) it will affirm, or uphold, the trial court's decision; 2) it will reverse, or overturn, the trial court's decision; or 3) it will reverse the trial court's decision and remand (send) the case back to circuit court for further proceedings, which may include a new trial.

The length of the procedure is determined by a number of factors in the case. The length of the litigation and the amount of motion practice that occurs are both influenced by the type of issue. The process can be significantly shortened if the parties settle the case before going to trial. In general, a case will take at least a year to complete, but it may take longer depending on the circumstances.

Bankruptcy can be used to discharge some debts. During bankruptcy, creditors are prohibited from attempting to collect debts. However, bankruptcy is a complicated area of the law, and not all debts are discharged. For example, in New York, a judgment remains on the record for ten years and can be used as a lien against future property. The amount you can recover will be determined by your unique circumstances, such as the type of bankruptcy you filed, whether your debt is secured or unsecured, and other variables.

A breach of contract occurs when one party fails to carry out the terms of a contract without justification. It is a breach of a contractual obligation that is specified in writing. If you are the victim of a contract breach, you may be entitled to compensation. A skilled attorney can fight for compensatory, punitive, rescission, incidental, and consequential damages, as well as your attorney fees and costs.

An Order to Show Cause is a method by which a party can ask the court to reopen their case after a default judgment has been entered. If a defendant fails to respond to a summons or appear for trial or hearing, a default judgment may be entered. This procedure temporarily halts the enforcement of a judgment and gives the plaintiff time to contest the defendant's request to restart the proceedings. An Order to Show Cause is issued and must be responded to in writing. If you are required to appear in court, the order will state that you must appear in person and that testimony will be taken. Both sides will be notified by mail if the court sets a new trial date.

Fraudulent conveyance is an unlawful attempt to avoid paying a debt or satisfying a judgment. In most cases, it involves the illegitimate transfer of money or property to a usually trusted third party in an effort to try to keep the assets away from collection.

There are a number of different tools available to help find out if a Judgment Debtor is hiding money including: locating bank accounts and investment accounts; going through land records to look for property ownership; reviewing past transactions; and issuing an information subpoena.

Ultimately, you must collect a judgment before the statute of limitations expires. New York law (NY CPLR section 211(b)) states that the prevailing party is presumed to have been paid in full, "after the expiration of 20 years from the time when the party recovering it was first entitled to enforce it.” If you fail to act within the 20-year statutory deadline, your legal right to recover the judgment will expire.