FAQ

Debt Collection FAQs

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What if I get sued and taken to court in a credit card debt collection
or mortgage foreclosure lawsuit?

Any type of debt collection or mortgage foreclosure lawsuit should be handled by an experienced attorney in NYC, Queens or Brooklyn. In order to successfully bring your case to a close, you will need to:

  • File a timely response to any documents you receive from the court or debt collection lawyers such as Forster & Garbus LLP, Cohen & Slamowitz LLP or Rubin & Rothman LLC.
  • Attend all court dates scheduled for your lawsuit, including dates for the hearing, the motion, and the trial set by collection lawyers.
  • Alert the court of any defenses you have against the lawsuit, and also alert the bank’s collection attorneys.
  • Alert the court about whether or not you will be able to afford any settlement amount, and if you agree to a settlement, try to negotiate an affordable payment plan with the bank’s debt collection law firm.
  • Submit a complete application, with necessary documentation, by the date set by the court.

What happens if I was never properly served with lawsuit papers?

If any court documents, including the Summons and Complaint, were not served to you properly, it is imperative that you still respond within the same timeframe you would if the documents had been served to you properly. In your response, you can explain that you were not served the documents correctly and you can ask the court to dismiss the lawsuit or to grant you alternative, appropriate relief. Please note that if you ignore lawsuit papers, regardless of when you receive them, the bank may inform the court that the papers were served correctly. In such cases, the bank may obtain entry of a default judgment against you.

Many credit card debt collection law firms have a history of improper service of the lawsuit summons and complaint.

Let our debt defense attorneys review the court file to find out whether or not you were properly served with the collection summons and complaint.

What happens if a judgment is entered against me?

If a judgment is entered against you, the process of wage garnishment by a NYC Marshal’s income execution may begin. Wage garnishment are a popular debt collection device used by debt lawyers Selip & Stylianou LLP – formerly Cohen & Slamowitz LLP. If your wages are being garnished, a portion of your paycheck will be withheld each pay period until the judgment amount has been fully paid. In addition, you will be expected to pay the sheriff or marshal’s fee, plus interest.

During judgment enforcement, you could find your bank account frozen and your money may be levied upon and seized by the sheriff or marshal’s office. Many New York City debt collection law firms serve bank restraining notices and seize restrained funds..

At this time, personal property such as your vehicle can be seized, a lien can be placed on real estate that you own, and you could be required to provide information and documentation to the bank or judgment creditor regarding your assets.

Some of the New York City marshals that carry out wage garnishment and bank account levies include:

  • NYC Marshal Gregg E.Bienstock
  • NYC Marshal Martin Bienstock
  • NYC Marshal Henry Daley
  • NYC Marshal Richard McCoy
  • NYC Marshal Ronald Moses
  • NYC Marshal Ronald Pazant

What is debt collection harassment?

If a debt collector like Mel S. Harris & Associates PC purposefully tries to upset and / or intimidate you during the debt collection process, harassment is at play. In such cases, you should immediately align yourself with an attorney who can help you combat the harassment and ensure that it does not continue. Examples of debt collection harassment include but are not limited to:

  • Excessive telephone calls at home and / or at your place of work
  • Use of profanity or other rude language
  • Threats of being arrested if you do not pay your debt

Still have questions? We have answers!
Contact our debt collection attorneys in Queens, Brooklyn, NYC

We understand that you may have additional questions about your debt collection lawsuit.
We would be happy to respond to your questions during an initial consultation at no cost to you.
To schedule our complimentary case evaluation session, contact us today.