Collections and Evictions

Did you know if you wait more than 90 days to collect an overdue account, you are less likely to collect on it? Did you know a tenant has 72 hours to vacate his or her leased space after a warrant is issued? Did you know there are strict time limits to file a mechanic’s lien? Knowing the answers to these important questions is critical when conducting business.

The Collection and Creditors’ Rights Department of Lacy Katzen LLP prides itself on the use of technology and personnel in order to achieve maximum results for clients at minimum cost. These department are well known throughout New York State for an aggressive and proactive approach to the collection of both consumer and commercial debt. Once it is determined a debt owned to you will not be paid, the next step should be to contact Lacy Katzen.

Consumer Debt

With a consumer debt, there must be strict adherence to the Fair Debt Collection Practices Act in every aspect of the collection process. Initially, a demand letter will be sent, and the debtor’s address and asset information such as employment or ownership in real estate will be verified. A determination will be make as to whether a suit should be commenced.

Commercial Debt

With commercial debt, the credit agreement or contract signed by the debtor needs review. In addition, using proprietary skip-tracing sites and reviewing the County Clerk and Department of State online records for corporate information, valuable information is provided about the debtor and determines if a suit should be commenced.

If a suit is started, information is provided to our clients during all aspects of the proceeding. This is comprised of acknowledgment of a claim, date the summons and complaint was served, entry of judgment and enforcement actions including the issuance of wage garnishments, attachment of bank accounts and placing liens against real estate owned by the debtor.

If a debtor files bankruptcy, a proof of claim will be filed on the client’s behalf and the proceeding will be followed to ensure those rights are protected. If there is basis to object to the debtor’s discharge, we will ensure it is accomplished in a timely manner. Additionally, if the case warrants a motion to lift the automatic stay imposed by Bankruptcy Code, such a motion will be brought.

In some commercial cases, it may be necessary to litigate specific commercial issues for clients including breach of contract, liability of personal guarantors and fraud. The commercial litigators are here to help our clients in all aspects of business which may result in suits on their behalf. At times, these suits may involve extensive legal work of a complicated nature. Your attorney will be able to clarify what is involved as the case progresses. Lacy Katzen LLP prides itself on keeping clients informed during every aspect of the matter.

Evictions

Lacy Katzen LLP also has a large eviction practice. We handle hundreds of evictions every year representing both residential and commercial landlords. If you are a landlord, it is frustrating when a tenant does not pay rent. Therefore, it is important to have the kind of representation which resolves the matter quickly.

Lacy Katzen has the reputation of having quick turnaround time for handling evictions. After providing information about the tenant by way of an intake form, the necessary paperwork is prepared and served on the tenant quickly. The case is calendared for a court date and an experienced attorney appears in court to secure the warrant of eviction.

Foreclosure

The Collection and Creditors’ Rights Department also represents both individuals and financial institutions in the enforcement of foreclosure of mortgages and security agreements. Because of the significant amount of work involved and time limitations provided by the law, foreclosures may take may months to bring to conclusion. Lacy Katzen handles foreclosures in an efficient and swift fashion for the initial ordering of a abstract of title, through preparation of pleadings and up to the date of auction at the County Clerk’s office. At all times, clients are informed of the progress of the case.

In addition, if you are a contractor or supplier of building materials and a customer fails to pay in a timely manner, you may have the right to file a mechanic’s lien. Lacy Katzen can assist your needs in preparing and filing the necessary paperwork to make sure you are protected. Strict time limits apply, so you should contact one of our attorneys as soon as you believe you will not be paid.

If you run a storage or garage business, you should be aware of certain rights. A garageman’s or warehouseman’s lien is an effective tool to help collect a debt. Likewise, if you have a security interest in personal property, we can assist in repossessing your property. We are available at all times to answer questions and to assist in the enforcement of your claims. For more complete information, please refer to our website at www.lacykatzen.com and click on Collections and Creditors’ Rights.

To provide expert legal services in the area of collections and creditors’ rights, contract any of the following attorneys at Lacy Katzen LLP: Michael S. Schnittman, Mark H. Stein, David L. Rasmussen, Glenn M. Fjermedal, David MacKnight or Louis Ryen.