Legal Question in Credit and Debt Law in New York

Conversion/Mechanic's Liens/Prison Time

I have six credit cards with high balances on each. I have not been able to pay them for 7 months and have recieved many calls from the banks. One collector told me that since I used my credit cards for my business that I committed Conversion and could do jail time for it. Is this true? He also said that since I used the card for my contracting business my customers homes will be hit with mechanic's liens and they'd be after me. True? I am broke and cannot pay these bills. Am I subject to any legal action other than a lawsuit that will probably result in a judgement against me? Can I be found guilty of a crime here?


Asked on 3/05/01, 5:51 pm

3 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Conversion/Mechanic's Liens/Prison Time

Suggest you stop taking legal advice from bill collectors. Why are you even talking to them at all?

Nothing they told you makes any sense. You may be a prime candidate for a Ch. 7 bankruptcy. I am assuming that all the debts here are personal and are not debts of the business. If your business is not incorporated, the next one should be.

Suggest you act quickly on the bankruptcy, BEFORE the law changes and the process becomes unbelievably difficult.

For more information, please visit my web site:

www.BravermanLawFirm.com

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Answered on 5/10/01, 9:08 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Conversion/Mechanic's Liens/Prison Time

I do not practice bankruptcy law. Therefore, I think you should seek advice from a bankruptcy attorney. Your local bar association will provide help for any type of referral.

Mike.

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Answered on 5/10/01, 8:27 am
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Conversion/Mechanic's Liens/Prison Time

The fact that you used your credit cards for a business is not illegal. Nor is conversion a crime. Under the Fair Debt Collection Practices Act, a debt collector can not make untrue statements about an unpaid debt. You might consider contacting an attorney to start a suit for unfair debt collection practices.

Further, mechanics liens are not available in this situation. If someone you did work for did not pay, then you would be able to put a mechanics lien on their home. But people who a contractor owes money to, other than a health and benefit fund, are not entitled to use the mechanics lien law. Like I said previously, you should consider filing suit for illegal collection efforts.

I usually don't recommend bankruptcy, but in this situation, it may be your best alternative.

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Answered on 5/10/01, 9:02 am


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