Legal Question in Bankruptcy in New York

about judgments

How long does it take lawyer creditors to file a summons or judgment on you?

It is almost a year I havent paid and i owe $1,285.02


Asked on 6/28/08, 5:00 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: about judgments

A creditor can generally file a summons and complaint against a debtor under a breach-of-contract theory (Debtor breaches by not paying) at any time during the six years after the initial breach. If the Debtor fails to answer the complaint, the court will issue a judgment against the debtor, which lasts for 20 years and may be renewable at Creditor's option at the end of that time. Bankruptcy proceedings can cause a judgment to be released, but do not automatically do so.

Bear in mind that interest and fees continue to collect into the amount owed during the time that Debtor fails to pay his or her bills.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 6/28/08, 5:54 pm


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