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State Collection Laws
NARCA Liason Creditors Bar Top Five Beneficial Laws Top Five Beneficial Court Rules Links to Court Rules Links to Statutes
E-filing Garnishment Exemptions Garnishment Procedures Pre-judgment Procedures Post-judgment Procedures Executions and Attachments  
New York
NARCA Liason
Mr. Tim Rooney
Mr. Eric M. Berman
Mullooly, Jeffrey, Rooney and Flynn
Eric M. Berman, P.C.
trooney@mjrf.com
eberman@ericbermanpc.com
(516) 656-5334
(631) 486-4900

Creditors Bar
  • New York Commercial Lawyers Conference
  • Independent of the New York State Bar Association
Eric Berman
Eric Berman PC
500 W. Main Street
Suite 212
Babylon, NY 11702
(613) 486-4900
eberman@ericbermanpc.com

Top 5 Beneficial Laws to Creditors
Top 5 Beneficial Court Rules
Court Rules
Licensing Requirements

The city of Buffalo has its own requirements and NYC has its own requirements as well. NY state does not have a licensing requirement, but Buffalo and NYC do. Debts that are credit transactions only apply to this act. Communication with employer only after final judgment or consent by the debtor to arrange a wage assignment. Business statutes apply to attorneys because of their agent status. Exemption in Buffalo for all attorneys. In NYC attorneys who regularly collect debt are not exempt.


Statutes
E-filing
  • Ability to E-file
  • Software Used:
  • Mandatory:
  • Fees:
  • Batch Filing
  • Contact Info

Garnishmeent Exemptions
Garnishment Procedure
Pre-judgment Procedure
Post-judgment Procedures
Executions/Attachments
Updates
  • Assembly Bill 9251 States a motor vehicle used to transport a taxpayer who has a mobility impairment shall not be seized in connection with the collection of unpaid taxes. Introduced on November 9, 2009 and referred to the Ways and Means Committee.

  • Assembly Bill 8840 Requires creditors to notify consumer when debt is being sold or transferred; and places restraints on creditor communication. Introduced on June 11, 2009 and passed the full assembly on June 22, 2009. Subsequently referred to Senate.

  • Assembly Bill 8735 Expands the exemptions of real and personal property from money judgments and bankruptcy. Introduced on June 4, 2009 and reported out of Judiciary Committee on June 9, 2009. Subsequently sent to rules committee.

  • Assembly Bill 271 Requires debt collectors to send consumers a written notice of their rights under state law with their debt collection correspondence. On January 11, 2010, placed on the Assembly Floor Calendar.

  • Assembly Bill 3926 Requires debt collection agencies to be licensed by the state. On January 11, 2010, placed on the Assembly Floor Calendar.

  • Assembly Bill 4804 Provides new debt collection requirements and administrative enforcement by the consumer protection board. Introduced on February 6, 2009 and re-referred to Consumer Affairs and Protection Committee

  • Senate Bill 4398 Requires additional procedures for filing suit on consumer credit actions and reduces the statute of limitations from six years to two years. Introduced on April 22, 2009 and referred to Senate Codes Committee. Assembly Bill 7558 is a companion bill that passed the full assembly on June 22, 2009.

  • Assembly Bill 7889 Requires that all principal creditors and/or debt collection agencies must disclose to all family members of a deceased debtor that he or she may not be legally required to repay such deceased debtor's debts, both orally and in writing. Introduced on April 28, 2009 and passed the full assembly on June 22. Senate Bill 5046 was reported out of the Consumer Protection Committee on May 26, 2009.

  • Senate Bill 3791 Prohibits certain activities by debt collectors, and provides for a private right of action and enforcement by the State Attorney General. Introduced on April 1, 2009 and referred to the Senate Consumer Protection Committee.

  • Senate Bill 2458 Creates a private right of action for improper debt collection procedures, and allows plaintiffs to recover punitive damages and reasonable attorneys' fees. Introduced on February 20, 2009 and referred to Consumer Protection Committee.

  • Assembly Bill 5825 Authorizes the enforcement of orders of restitution and reparation by allowing collection agencies, with court approval, to institute civil actions, and permits income execution collection of consumer's wages directly from the employer. Introduced on February 20, 2009 and referred to Codes Committee

  • Assembly Bill 3532 Creates a private right of action for improper debt collection procedures, and allows plaintiffs to recover punitive damages and reasonable attorneys' fees. Introduced on January 27, 2009 and passed the full assembly on June 22, 2009. Subsequently sent to the Senate.

  • Assembly Bill 4237 Prohibits certain harassing activities by debt collectors, and provides for a private right of action and enforcement by the Attorney General. Introduced on February 2, 2009 and referred to the Consumer Affairs and Protection Committee

  • Assembly Bill 4804 Authorizes the Consumer Protection Board to process debt collection complaints and to charge consumers a reasonable filing fee to process their complaints against debt collectors. Introduced on February 6, 2009 and referred to the Consumer Affairs and Protection Committee.

  • Assembly Bill 9251 States a motor vehicle used to transport a taxpayer who has a mobility impairment shall not be seized in connection with the collection of unpaid taxes. Introduced on November 9, 2009 and referred to the Ways and Means Committee.

  • Assembly Bill 8840 Requires creditors to notify consumer when debt is being sold or transferred; and places restraints on creditor communication. Introduced on June 11, 2009 and passed the full assembly on June 22, 2009. Subsequently referred to Senate.

  • Assembly Bill 8735 Expands the exemptions of real and personal property from money judgments and bankruptcy. Introduced on June 4, 2009 and reported out of Judiciary Committee on June 9, 2009. Subsequently sent to rules committee.

  • Assembly Bill 271 Requires debt collectors to send consumers a written notice of their rights under state law with their debt collection correspondence. On January 11, 2010, placed on the Assembly Floor Calendar.

  • Assembly Bill 3926 Requires debt collection agencies to be licensed by the state. On January 11, 2010, placed on the Assembly Floor Calendar.

  • Assembly Bill 4804 Provides new debt collection requirements and administrative enforcement by the consumer protection board. Introduced on February 6, 2009 and re-referred to Consumer Affairs and Protection Committee

  • Senate Bill 4398 Requires additional procedures for filing suit on consumer credit actions and reduces the statute of limitations from six years to two years. Introduced on April 22, 2009 and referred to Senate Codes Committee. Assembly Bill 7558 is a companion bill that passed the full assembly on June 22, 2009.

  • Assembly Bill 7889 Requires that all principal creditors and/or debt collection agencies must disclose to all family members of a deceased debtor that he or she may not be legally required to repay such deceased debtor's debts, both orally and in writing. Introduced on April 28, 2009 and passed the full assembly on June 22. Senate Bill 5046 was reported out of the Consumer Protection Committee on May 26, 2009.

  • Senate Bill 3791 Prohibits certain activities by debt collectors, and provides for a private right of action and enforcement by the State Attorney General. Introduced on April 1, 2009 and referred to the Senate Consumer Protection Committee.

  • Senate Bill 2458 Creates a private right of action for improper debt collection procedures, and allows plaintiffs to recover punitive damages and reasonable attorneys' fees. Introduced on February 20, 2009 and referred to Consumer Protection Committee.

  • Assembly Bill 5825 Authorizes the enforcement of orders of restitution and reparation by allowing collection agencies, with court approval, to institute civil actions, and permits income execution collection of consumer's wages directly from the employer. Introduced on February 20, 2009 and referred to Codes Committee

  • Assembly Bill 3532 Creates a private right of action for improper debt collection procedures, and allows plaintiffs to recover punitive damages and reasonable attorneys' fees. Introduced on January 27, 2009 and passed the full assembly on June 22, 2009. Subsequently sent to the Senate.

  • Assembly Bill 4237 Prohibits certain harassing activities by debt collectors, and provides for a private right of action and enforcement by the Attorney General. Introduced on February 2, 2009 and referred to the Consumer Affairs and Protection Committee

  • Assembly Bill 4804 Authorizes the Consumer Protection Board to process debt collection complaints and to charge consumers a reasonable filing fee to process their complaints against debt collectors. Introduced on February 6, 2009 and referred to the Consumer Affairs and Protection Committee.