Resources / Frequently Asked Questions

Browse our legal resources for guides, checklists, and FAQs covering real estate, bankruptcy, and consumer protection in New York.
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Frequency Asked Questions

What should I do if I get sued for a debt?

If you receive a lawsuit for a debt, it's important to act quickly. Read the lawsuit documents carefully and consult with one of our attorneys to explore all of your options. If you get served by hand, then you have 20 days to file an answer and if served by mail, then you have 30 days to file an answer. If that timeline has passed, then again, call us immediately to file a motion to accept a late answer.

What should I do if I did not answer the lawsuit and have a judgment now?

If a judgment has been entered against you, contact one of our attorneys immediately to discuss options for vacating the judgment in order to protect your assets and litigate your case. Time is NOT on your side so even if your time to answer has expired, the faster we act, the faster we can get your case back on track. This in itself will save you money, as the longer you wait, the more motions need to be filed, the more money it will cost you in legal fees.

So pick up your phone and find out in a FREE consultation, what we can do for you and how we can strategize the best options for you.

What will happen if I do nothing to respond to lawsuits?

Failing to respond to a lawsuit will lead to a default judgment against you, resulting in legal consequences which include a lien on any real estate you own, wage garnishment of 10% of your gross monthly income, negatively affect your credit score and your bank accounts being frozen. And all of this time, the judgment is accruing at 9% compound interest, thereby by increasing your judgment amount daily.

DO NOT ignore the lawsuit because it will generally make things worse. If nothing else, at least speak to one of our attorneys to understand your specific scenario and what options are available to you.

What should I do if I have to resolve a judgment or lawsuit?

It's crucial to engage with an experienced attorney to negotiate a settlement or prepare a defense if you wish to contest the lawsuit.

What should I do if I live outside of NY but was sued by a NY company?

You must respond to the lawsuit in New York but You MUST hire either a NY licensed attorney, or in few cases, an outside attorney can make a motion to practice that one case in New York.

What are FCRA and FDCPA?

1. The Fair Credit Reporting Act (FCRA) regulates how the credit reporting agencies report your credit information. And this federal law allows a consumer to sue the credit reporting agencies for their errors. This law allows us to correct your credit report and sue the credit reporting agencies and/or the creditor itself for these errors. AND, you pay no legal fees for the litigation because the credit reporting agencies that we sue will pay your legal fees in the settlement.

2. The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive debt collection practices. This federal law allows us to pursue the debt collectors as aggressively as they pursue you. AND, you pay no legal fees because the debt collector that we sue will pay your legal fees in the settlement.

What will happen to my credit score and can it be repaired?

A judgment can significantly and negatively affect your credit score, but you can improve your score through timely payments, disputing inaccuracies and more. Our firm will also sue the credit reporting agencies under the FCRA (Fair Credit Reporting Act) if the credit reporting agencies do not correct their errors. AND, you pay no legal fees because the credit reporting agency that we sue will pay your legal fees in the settlement.

What if I was harassed by the collection company?

Do you have debt collectors that are threatening you, even if it is in a nice tone; are they calling you at all hours of the night or weekends; is their information incorrect; are they lying to you; are they sending letters with threatening tones or incorrect information? There are dozens of other harassment techniques that you may not even know you are being harassed.

Document all interactions with the collection agency and call us immediately to stop the harassment in violation of the FDCPA (Fair Debt Collection Practices Act). AND, you pay no legal fees because the debt collector that we sue will pay your legal fees in the settlement.

What is the difference between debt consolidation, settling debt, and bankruptcy?

Debt consolidation companies simply settle the debt while you pay them money every month. From that money that you are sending them, they take their fees and then try to settle the debt. But they do not mention that the creditors will still sue you and get a judgment while you are waiting for them to settle once they have enough of your own money to settle. Simply put, you are paying them to do what you could do yourself. Settling the debt is also simply setting up a payment plan or a lump sum settlement. But, when it is from a law firm that speaks with these creditor law firms on a daily basis, you will generally get a better settlement with a law firm. And, bankruptcy can discharge (wipe out) your debts or repay those debts over five (5) years, depending on your specific scenario.

What is the statute of limitations on judgments and does it attach to any real property in your name?

In New York, the statute of limitations on judgments is generally twenty (20) years, and judgments will attach to all real property that you own. And, for those twenty (20) years, you are accruing 9% compound interest creating a huge debt which will make your life even more difficult. But, if you stand up when you receive the lawsuit and call for free information so that you understand your options. AND, there are often reasonable options available to you and your specific case but you have to be proactive and call to get the information you need to keep your family, your home and your business financially safe.

What about Merchant Cash Advance loans?

Merchant loans, particularly Merchant Cash Advances (MCA's), are a horrible finance option that is destroying small businesses in America. This finance option has become just as aggressive in court as it is in its terms that are designed to strip your disposable income until your business is strangled. Sounds pretty bad, right? BUT, the highest court in NY has ruled that these loans are egregious and usurious.

What does that mean for you? That we can litigate and expose their bad faith, misrepresentations and the predatory nature of this finance option. AND, you have never had a better moment in time to litigate to win or settle at a reasonable amount. Let us save your business and your personal finances so that your family and business can move forward in a positive direction.

Now, that is easier said than done, but it simply starts with a FREE phone call to our firm and we can educate you on your best options specific to your life, your business, your family.

When you get served the Summons from the MCA company, they will move very fast to put you right into default judgment. This means that you need to work fast as well and call us immediately so that we can make sure you and your assets are protected.

Can I refer a friend or family member for a reduced rate?

Yes, we offer a referral program where friends or family members can receive a reduced rate on our services and/or you can get a reduction or credit on your legal fees. What does that mean for you? That we can litigate and expose their bad faith, misrepresentations and the predatory nature of this finance option. AND, you have never had a better moment in time to litigate to win or settle at a reasonable amount. Let us save your business and your personal finances so that your family and business can move forward in a positive direction.

Now, that is easier said than done, but it simply starts with a FREE phone call to our firm and we can educate you on your best options specific to your life, your business, your family.

When you get served the Summons from the MCA company, they will move very fast to put you right into default judgment. This means that you need to work fast as well and call us immediately so that we can make sure you and your assets are protected.

Do you have payment plans?

Yes, we will listen to your specific situation and tailor a strategy for you and your family. Once we have an agreed understanding of the best strategy for you, then we will come up with a payment plan that is affordable for you. But, whether you are on a payment plan or pay the entire legal fee at once, we will never jeopardize the value and strength of your case and we will always fight for you and your family!

What should I do if I get sued for a debt?

If you receive a lawsuit for a debt, it's important to act quickly. Read the lawsuit documents carefully and consult with one of our attorneys to explore all of your options. If you get served by hand, then you have 20 days to file an answer and if served by mail, then you have 30 days to file an answer. If that timeline has passed, then again, call us immediately to file a motion to accept a late answer.

What should I do if I did not answer the lawsuit and have a judgment now?

If a judgment has been entered against you, contact one of our attorneys immediately to discuss options for vacating the judgment in order to protect your assets and litigate your case. Time is NOT on your side so even if your time to answer has expired, the faster we act, the faster we can get your case back on track. This in itself will save you money, as the longer you wait, the more motions need to be filed, the more money it will cost you in legal fees.

So pick up your phone and find out in a FREE consultation, what we can do for you and how we can strategize the best options for you.

What will happen if I do nothing to respond to lawsuits?

Failing to respond to a lawsuit will lead to a default judgment against you, resulting in legal consequences which include a lien on any real estate you own, wage garnishment of 10% of your gross monthly income, negatively affect your credit score and your bank accounts being frozen. And all of this time, the judgment is accruing at 9% compound interest, thereby by increasing your judgment amount daily.

DO NOT ignore the lawsuit because it will generally make things worse. If nothing else, at least speak to one of our attorneys to understand your specific scenario and what options are available to you.

What should I do if I have to resolve a judgment or lawsuit?

It's crucial to engage with an experienced attorney to negotiate a settlement or prepare a defense if you wish to contest the lawsuit.

What should I do if I live outside of NY but was sued by a NY company?

You must respond to the lawsuit in New York but You MUST hire either a NY licensed attorney, or in few cases, an outside attorney can make a motion to practice that one case in New York.

What are FCRA and FDCPA?

1. The Fair Credit Reporting Act (FCRA) regulates how the credit reporting agencies report your credit information. And this federal law allows a consumer to sue the credit reporting agencies for their errors. This law allows us to correct your credit report and sue the credit reporting agencies and/or the creditor itself for these errors. AND, you pay no legal fees for the litigation because the credit reporting agencies that we sue will pay your legal fees in the settlement.

2. The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive debt collection practices. This federal law allows us to pursue the debt collectors as aggressively as they pursue you. AND, you pay no legal fees because the debt collector that we sue will pay your legal fees in the settlement.

What will happen to my credit score and can it be repaired?

A judgment can significantly and negatively affect your credit score, but you can improve your score through timely payments, disputing inaccuracies and more. Our firm will also sue the credit reporting agencies under the FCRA (Fair Credit Reporting Act) if the credit reporting agencies do not correct their errors. AND, you pay no legal fees because the credit reporting agency that we sue will pay your legal fees in the settlement.

What if I was harassed by the collection company?

Do you have debt collectors that are threatening you, even if it is in a nice tone; are they calling you at all hours of the night or weekends; is their information incorrect; are they lying to you; are they sending letters with threatening tones or incorrect information? There are dozens of other harassment techniques that you may not even know you are being harassed.

Document all interactions with the collection agency and call us immediately to stop the harassment in violation of the FDCPA (Fair Debt Collection Practices Act). AND, you pay no legal fees because the debt collector that we sue will pay your legal fees in the settlement.

What is the difference between debt consolidation, settling debt, and bankruptcy?

Debt consolidation companies simply settle the debt while you pay them money every month. From that money that you are sending them, they take their fees and then try to settle the debt. But they do not mention that the creditors will still sue you and get a judgment while you are waiting for them to settle once they have enough of your own money to settle. Simply put, you are paying them to do what you could do yourself. Settling the debt is also simply setting up a payment plan or a lump sum settlement. But, when it is from a law firm that speaks with these creditor law firms on a daily basis, you will generally get a better settlement with a law firm. And, bankruptcy can discharge (wipe out) your debts or repay those debts over five (5) years, depending on your specific scenario.

What is the statute of limitations on judgments and does it attach to any real property in your name?

In New York, the statute of limitations on judgments is generally twenty (20) years, and judgments will attach to all real property that you own. And, for those twenty (20) years, you are accruing 9% compound interest creating a huge debt which will make your life even more difficult. But, if you stand up when you receive the lawsuit and call for free information so that you understand your options. AND, there are often reasonable options available to you and your specific case but you have to be proactive and call to get the information you need to keep your family, your home and your business financially safe.

What about Merchant Cash Advance loans?

Merchant loans, particularly Merchant Cash Advances (MCA's), are a horrible finance option that is destroying small businesses in America. This finance option has become just as aggressive in court as it is in its terms that are designed to strip your disposable income until your business is strangled. Sounds pretty bad, right? BUT, the highest court in NY has ruled that these loans are egregious and usurious.

What does that mean for you? That we can litigate and expose their bad faith, misrepresentations and the predatory nature of this finance option. AND, you have never had a better moment in time to litigate to win or settle at a reasonable amount. Let us save your business and your personal finances so that your family and business can move forward in a positive direction.

Now, that is easier said than done, but it simply starts with a FREE phone call to our firm and we can educate you on your best options specific to your life, your business, your family.

When you get served the Summons from the MCA company, they will move very fast to put you right into default judgment. This means that you need to work fast as well and call us immediately so that we can make sure you and your assets are protected.

Can I refer a friend or family member for a reduced rate?

Yes, we offer a referral program where friends or family members can receive a reduced rate on our services and/or you can get a reduction or credit on your legal fees. What does that mean for you? That we can litigate and expose their bad faith, misrepresentations and the predatory nature of this finance option. AND, you have never had a better moment in time to litigate to win or settle at a reasonable amount. Let us save your business and your personal finances so that your family and business can move forward in a positive direction.

Now, that is easier said than done, but it simply starts with a FREE phone call to our firm and we can educate you on your best options specific to your life, your business, your family.

When you get served the Summons from the MCA company, they will move very fast to put you right into default judgment. This means that you need to work fast as well and call us immediately so that we can make sure you and your assets are protected.

Do you have payment plans?

Yes, we will listen to your specific situation and tailor a strategy for you and your family. Once we have an agreed understanding of the best strategy for you, then we will come up with a payment plan that is affordable for you. But, whether you are on a payment plan or pay the entire legal fee at once, we will never jeopardize the value and strength of your case and we will always fight for you and your family!