Legal Question in Credit and Debt Law in New York

How i collect personal debt. I have loan note

How i collect personal debt. I have loan note which expired one month ago. I did not receive any money out of 27000. The debtor refuses to give me another note for one-two more years.


Asked on 10/09/02, 1:41 pm

2 Answers from Attorneys

Peter Agulnick Peter M. Agulnick, P.C.

Re: How i collect personal debt. I have loan note

If you the payor refused to pay, you have no choice but to commence an action and obtain a judgment against him. After you obtain a judgment, and the payor still refuses to pay, you can attempt to "enforce" the judgment by siezing the his bank account and other assets that he may have. If I can be of assistance, feel free to contact me.

PETER M. AGULNICK

ATTORNEY AT LAW

321 Broadway, 2nd Floor

New York, NY 10021

Tel. 212-535-1091

E-mail: [email protected]

web: www.agulnicklaw.com

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Answered on 10/18/02, 5:53 pm
Michael Markowitz Michael A. Markowitz, PC

Re: How i collect personal debt. I have loan note

If the individual that owes the money under a promissory note refuses to pay on that note and refuses to allow the note to be renewed, I would think that the note holder would have no choice but to commence an action to obtain a judgment.

Depending on the language in the note, the note holder may bring an action under NY CPLR 3213. In other words, instead of going through a lengthy court battle, the holder has the option of making a motion before the Court for an immediate judgment.

Mike.

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Answered on 10/09/02, 1:53 pm


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