Legal Question in Credit and Debt Law in New York

A judgment was entered on November 1st 2005 in favor of an auto creditor interest was compounded that is nearly the same as the debt is there a way that I can fight this war have this reduced


Asked on 12/23/15, 1:58 pm

2 Answers from Attorneys

Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Under New York law, judgments accrue interest at a rate of 9% per annum (i.e. yearly). Pre-judgment interest also accrues at the same rate. Prejudgment interest is the interest from the date you stopped paying your creditor up and through trial or inquest. Your judgment may also have legal fees included. Most commercial contracts permit the prevailing party to recover their legal fees. That said, the seemingly inflated amount of the judgment is probably accurate.

However, you can and should attempt to have the judgment resolved because it's only going to get larger.

There is some good news. If your creditor's business isn't doing well, its owners may accept pennies on the dollar. For example: If the judgment is for $20,000.00 and your creditor is suffering, he or she may be willing to accept $5,000.00. Your creditor may even accept the $5000.00 in monthly installments.

Do not negotiate on your own behalf. Retain an attorney to negotiate for you. The legal fees to settle a judgment are generally inexpensive because the work only involves a few phone calls and documents.

I hope this is helpful.

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Answered on 12/23/15, 2:38 pm
David Slater David P. Slater, Esq.

Mr.Isaacs has given good advice. You ignore a judgment at your own peril.

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Answered on 12/23/15, 3:52 pm


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