Debt Collection Articles

If you are owed a debt that you have been unable to collect, you can hire a collection agency or retain a collection law firm to collect it for you. There are significant differences between the services the two provide, as well as the fee structure charged by each.

My previous article, New York’s Statute of Limitations – Another Pitfall to Avoid!, discussed New York’s Statute of Limitations, which is six (6) years for a foreclosure, pursuant to CPLR 213.

I have been teaching at St. John’s University School of Law as an adjunct professor since 1987.

Prior to the establishment of the United States, people in England who did not pay their debts were sent to debtor's prison.

When borrowers obtain a mortgage loan, they sign a Note, promising to repay the loan, and a Mortgage, that provides for the property to be sold at a public auction if they default, so the loan may be repaid from the proceeds of the sale.

My previous article on Debt Collection Consumer Protection described the protections afforded by the Fair Debt Collection Practices Act. There are also numerous other federal, state and local laws which provide additional protections for consumers. 

New York’s Statute of Limitations ("SOL") is designed to protect homeowners from the unfairness that might otherwise result from foreclosures concerning defaults that occurred so long ago that the homeowner may no longer possess documents, evidence or proof of payments made.

Whether you have an individual matter or a high volume of cases, there are a variety of factors to consider when deciding which law firm to retain. One of the most important of these factors is the size of the law firm.

In order to effectively utilize the courts to collect a debt owed, a creditor must understand the difference between litigation attorneys and collection attorneys.  

The Fair Debt Collection Practices Act (FDCPA), codified in 15 USC, section 1692, is a federal statute which was enacted to protect consumers from abusive, unfair or deceptive practices by debt collectors.