Collections Litigation in Brooklyn

You have been sued over a debt

Being sued over a credit card, medical bill or personal loan is stressful, and these cases move quickly. Many are filed by debt buyers that purchased old accounts in bulk. If you do not respond, the court can enter a default judgment, and the plaintiff can then restrain your bank account or garnish your wages. Usher Law Group represents people who have been sued on consumer debts, mainly in New York courts.

Common collection cases

• Credit card balances sold to third-party debt buyers
• Medical debt claims brought by providers or collection firms
• Personal loan and auto deficiency claims
• Debts tied to a small business that the owner signed for personally

Business debts owed to merchant cash advance funders are covered on our merchant cash advance page.

What happens after you are served

A collection case usually starts with a summons and complaint. The deadline to respond is short and depends on the court and how the papers were delivered, often 20 or 30 days. In New York City Civil Court, responding usually means going to the clerk's office or filing a written answer by the date on the summons. Missing it can lead to a default judgment.

After a judgment, a creditor can use New York enforcement tools such as a restraining notice on a bank account, an income execution against wages, or a lien on real property. Certain income, such as Social Security and some other public benefits, is protected from bank restraints under New York law, and a portion of every account balance is also protected.

Possible defenses

• Standing. A debt buyer must show it actually owns your account, usually through a complete chain of sale documents.
• Statute of limitations. In New York, most consumer credit debts must be sued on within three years, and a payment on a time-barred debt does not restart that period.
• Improper service. If you were not properly served, the court may not have jurisdiction over you.
• Wrong amount or wrong person. Records may show the wrong balance, unexplained fees or identity mix-ups.
• Payment or settlement. The debt may already have been paid or settled.

How we help

1. Confirm your deadline and file an answer or motion on time.
2. Review the complaint and demand the documents the plaintiff relies on.
3. Raise the defenses that fit your case.
4. Negotiate a dismissal, settlement or affordable payment plan when that is the better outcome.
5. If a default judgment was already entered, evaluate a motion to vacate it and to release restrained funds.

What to bring

• The summons and complaint, and the date and way you received them
• Any bank notice, restraining notice or wage garnishment paperwork
• Letters from the creditor or collector, and your account statements
• Proof of payments or prior settlements
• Records of the income deposited into your bank account, such as benefit letters

You can look up your case information through the New York State Unified Court System. To have your papers reviewed, contact us.

Frequently asked questions