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Richard A. Klass
Debt Collection Practice: articles |
By Richard Klass, Esq.
"Your Court Street Lawyer"
Email: RichKlass@courtstreetlaw.com
Analysis of Exempt Income Protection Act
Beginning on January 1, 2009, New York State enacted new measures relating to the restraint of debtors’ bank accounts, through the enactment of the Exempt Income Protection Act (“Act”).
The Act materially changes the process of restraints on debtors’ bank accounts, and the steps that each party to the process must take. The Act imposes new requirements on (a) the bank, to identify and analyze the source(s) of income and deposits into an account; (b) the judgment creditor’s attorney, to issue new exemption notices and forms, and appropriately address claimed exemptions by the debtor; and (c) the debtor, to timely raise any exemption claims upon restraint of an account. Since this process is “brand new” to New York law, the manners in which all of these parties, as well as the court system address the process will evolve from practice and procedure.... (more)
A Practical Guide to Collecting on a Debt in New York State
Installment Payment Agreements with Debtors
At some point in the collection process, the debtor may be either forced to settle the debt or voluntarily settle the debt with the creditor. The debtor might not have sufficient assets or income to pay off the entire debt at once.... (more)
Guide to the Federal Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act, as codified in 15 USC §1692, is a federal statute which governs the practices of "debt collectors." Attorneys engaged in the general practice of law, and debt collection in particular should be mindful of the rules of this federal law.... (more)
License Information
These articles by Richard A. Klass, Esq. may be licensed under the Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. The publication and license guidelines for the individual articles, as noted at the foot of each article, need to be followed. For those who seek permissions beyond the scope of this license, please contact Mr. Klass (email: RichKlass@CourtStreetLaw.com). Insert the words "reprint permission request" in the subject line of the email.
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