Creditor's Rights Attorney Long Island

Many creditor’s rights cases can be handled on a contingency fee basis, meaning you don’t pay attorney fees unless we successfully collect your debt. The contingency percentage typically ranges from 25-40% depending on the complexity of the case and amount owed. For larger commercial debts, we may offer hourly billing arrangements. We also offer flat fee services for demand letters and simple collection matters. During your initial consultation, we’ll explain all fee options and help you choose the most cost-effective approach for your situation.

Collection agencies can only make phone calls and send letters – they cannot file lawsuits or take legal action. When debtors ignore collection agencies, the agencies have no recourse except to refer the matter to an attorney anyway. As a creditor’s rights attorney, we can immediately escalate to legal action when necessary. We can file lawsuits, obtain judgments, garnish wages, seize bank accounts, and place liens on property. Additionally, debtors take attorney demand letters much more seriously than collection agency notices, often resulting in faster payment without the need for court action.

The timeline varies significantly depending on whether the debtor responds to initial demand letters or if court action becomes necessary. Professional demand letters often result in payment within 30-60 days. If we need to file a lawsuit, obtaining a judgment typically takes 3-6 months in Long Island courts, assuming the debtor doesn’t contest the case. Judgment enforcement can take additional time depending on the debtor’s assets and cooperation. However, many cases settle before trial once debtors realize we’re serious about pursuing legal action. We’ll provide realistic timeline expectations based on your specific situation during the initial consultation.

Yes, we can pursue out-of-state debtors, but the process is more complex and expensive. If the debt originated from business conducted in New York or the debtor has assets in New York, we may be able to file suit in Long Island courts. Otherwise, we typically need to file suit in the debtor’s home state, which requires working with local counsel. For smaller debts, out-of-state collection may not be cost-effective. We’ll analyze the debtor’s location, asset situation, and debt amount to determine the best collection strategy. In some cases, we can refer the matter to qualified attorneys in the debtor’s state while continuing to oversee your case.

Bankruptcy creates an automatic stay that temporarily halts all collection activities, including lawsuits and garnishments. However, bankruptcy doesn’t always eliminate the debt entirely. We monitor bankruptcy proceedings to protect your interests and object to discharge when appropriate grounds exist, such as fraud or recent luxury purchases. In business bankruptcies, we file proofs of claim to ensure you’re included in any distribution of assets. Some debts, like those arising from fraud, may survive bankruptcy discharge. We’ll explain your options and continue representing your interests throughout the bankruptcy process to maximize your recovery.

Yes, we handle both commercial and consumer debt collection, though our practice focuses primarily on business-to-business collections. Commercial debts typically involve fewer regulatory restrictions and often result in higher recovery rates. Consumer debt collection requires strict compliance with the Fair Debt Collection Practices Act and New York debt collection laws, which we fully understand and follow. Whether you’re a business owner dealing with unpaid invoices or an individual owed money on a personal loan or contract, we can evaluate your case and recommend the most effective collection strategy while ensuring full legal compliance.