Debt Collection Litigation

“Credit. Man’s confidence in man. Commercial credit is the creation of modern times and belongs in its highest perfection only to the most enlightened and best governed nations. Credit is the vital air of the system of modern commerce. It has done more — a thousand times more — to enrich nations than all the mines of the world.”

Quoted from a speech by Daniel Webster in the United States Senate, March 18, 1834.

Our firm practices in the areas of commercial and retail debt collection litigation and the enforcement of creditors' rights. We are aggressive, resourceful, and persistent. Our debt collection clients are large and small corporations; banks, finance companies, and other lenders; law firms, lawyers, accountants, and other professionals; landlords, co-ops, and condos; and individuals.

Our debt collection cases have involved matters including:

  • Loans, guaranties, letters of credit, and other extensions of credit;
  • Debts for goods sold and delivered;
  • Attorneys' fees and fees owed to accountants and other professionals, including consulting fees;
  • Rent arrears and unpaid condominium common charges and co-op maintenance charges;
  • Mechanics liens and other issues involving liens of various types;
  • Suits seeking recoveries based on unjust enrichment, such as claims based on quantum meruit (fair value for worked performed or goods supplied in the absence of a formal contract);
  • Replevin actions (a suit to recover possession of personal property subject to a creditor's lien); and
  • A wide variety of contract-related litigation.

Collection of Unpaid Loans

We represent a number of small and large banks and finance companies in litigation to collect debts and unpaid loans. We also have extensive experience representing creditors owed balances due on automobile loans, including filing replevin actions.

Commercial Debt Collections

We represent clients in many different types of commercial and debt collection matters, including actions to collect debts owed under loan agreements, retail installment contracts, negotiable instruments, promissory notes, goods sold and delivered, and goods sold on open accounts, or arising out of secured transactions. We file actions seeking judgments against business owners and other third parties on personal guaranties of corporate debts.

Debts for Goods Sold and Delivered

We represent clients seeking to recover debts owed by customers have who have ordered goods, received them, but have failed to pay. This type of lawsuit is known as one seeking damages for goods sold and delivered.

Attorneys’ Fees and Other Professional Services

We represent law firms, lawyers, accountants and other professionals who need to bring actions against clients who have not paid their bills. When representing lawyers or law firms seeking to recover fees, we will represent them through New York’s mandatory attorneys’ fees arbitration program where required and in litigation thereafter.

Professional Service Providers

Our firm represents businesses that provide a variety of professional services. Consulting firms, accountants, real estate brokers and agents owed commissions or finder’s fees, doctors and other health care professionals, and others may need a collection attorney when a client fails to pay for services rendered.

Rent Arrears and Unpaid Condominium and Co-op Charges

Evicting a residential or commercial tenant is often the prime goal of a landlord faced with a delinquent tenant. The issue of recovering unpaid rent is often overlooked. We represent a variety of landlords – large and small – in actions to recover rent arrears. Note: we do not handle landlord-tenant actions seeking the eviction of tenants.

Co-ops and condominiums may also have large amounts of common charges or maintenance arrears on their books. We represent landlords, co-ops, and condominiums in efforts to collect debts owed by current and former residents and owners. While condominiums and co-ops can file a lien against an owner’s unit, this often does not generate a rapid recovery. An alternative is to file a lawsuit against the owner and obtain a monetary judgment, which we can then enforce with a wage garnishment or bank levy. This approach can generate a recovery now or even force a settlement of the entire debt.

For more information, please contact us to schedule an appointment or for a no-obligation review of your case.