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212-460-0047
New York Commercial Collections Attorney
When a business owes you money and refuses to pay, it affects more than your balance sheet. It disrupts your cash flow, strains your operations, and creates a level of frustration that is hard to put into words. You held up your end of the deal, delivered the goods or performed the services, and now you are left chasing payment that should have arrived weeks or months ago.
At Katz Melinger PLLC, our New York commercial collections attorneys bring legal tools that compel action: demand letters, litigation, and judgment enforcement to stop the waiting and start the recovery. Contact us for legal help at (212) 460-0047.
How Katz Melinger PLLC Helps Businesses Recover Unpaid Debts
Our firm pairs strategic litigation with the kind of personalized attention that larger firms often overlook. When you work with us, you work directly with our attorneys, not a staff member relaying messages or a case manager reading from a script. Our lawyers are communicative, responsive, and committed to giving you an honest assessment of where your case stands from the very first conversation.
We tailor every legal strategy to the specifics of your situation because no two commercial debt disputes look exactly alike. Legal actions we take on behalf of our clients include:
- Demand letters and pre-litigation negotiation: Our attorneys draft formal demand letters that clearly outline the legal consequences of continued nonpayment, often prompting resolution before a lawsuit becomes necessary.
- Filing breach of contract claims: When a debtor violates the terms of a written or oral agreement, we initiate litigation under New York common law to recover the full amount owed, plus applicable interest and costs.
- Obtaining default judgments: If a debtor fails to respond to a lawsuit, our lawyers move quickly to secure a default judgment so we can begin enforcement without further delay.
- Post-judgment enforcement: Winning a judgment is just the first step. Our team works to convert a judgment into real funds through garnishments, liens, and asset seizures.
- Piercing the corporate veil: When individual owners use a business entity to shield themselves from paying debts, our attorneys pursue personal liability where the facts and law support it.
Every case begins with a clear plan, and our lawyers keep you informed as it unfolds.
Negotiation and Mediation
Not every commercial collection matter needs to go to trial. In many cases, a structured negotiation or formal mediation session can produce a resolution that saves both parties time and legal costs. A debtor who has been unresponsive for months may become cooperative once civil litigation is clearly imminent and the opposing legal team is visibly prepared to follow through.
A well-negotiated settlement can also preserve business relationships that prolonged litigation might otherwise destroy. Where negotiation is a viable path, we pursue it, and where it is not, we are ready to litigate.
Litigation
When negotiation fails to produce a resolution, filing suit is the next step. Once a lawsuit is filed, the litigation process moves through pleadings, discovery, and motion practice before reaching trial or a court-ordered resolution. Where a trial is necessary, we are prepared to present your case before a judge, and we do not treat litigation as a last resort to be avoided. We treat it as a tool, and we use it accordingly.
Judgment Enforcement
Obtaining a judgment against a debtor is a significant step, but it does not automatically put money in your hands. Judgment enforcement is the process of using legal mechanisms to collect on what the court has awarded. Under New York Civil Practice Law and Rules (CPLR) Article 52, creditors have several tools available to satisfy a judgment:
- Income execution and wage garnishment
- Bank account restraining notices
- Property liens on real estate
- Sheriff’s levy on personal property and business assets
- Turnover orders compelling the debtor to surrender specific assets
- Contempt proceedings for debtors who defy court orders
The right enforcement approach depends on what the debtor owns and where those assets are located. We can identify the most effective path to turning a court award into an actual recovery.
It is also worth noting that New York’s statute of limitations for breach of a written contract is generally six years under CPLR § 213. Acting before that window closes preserves your legal options, and the older a debt becomes, the harder it generally is to collect.
FAQ: Common Questions About Commercial Collections in New York
What Is the Difference Between a Lawyer and a Collection Agency?
A collection agency contacts debtors and attempts to persuade them to pay, but it has no authority to file a lawsuit or take legal action. A commercial collections attorney can negotiate, litigate, and obtain court judgments. to recover what is owed. When a debtor is unresponsive to informal collection efforts, the distinction becomes significant.
What If the Debtor Has Already Filed for Bankruptcy?
Filing for bankruptcy triggers an automatic stay under 11 U.S.C. § 362 that temporarily halts most collection efforts. However, bankruptcy does not always eliminate all debt. Depending on the type of bankruptcy filed and the nature of your claim, you may still be able to recover a portion of what you are owed.
What If the Business Has Dissolved?
A dissolved business entity does not necessarily mean the debt disappears. In some cases, former owners, officers, or successor entities may still be held liable for outstanding obligations. Our lawyers investigate the circumstances surrounding the dissolution to determine whether viable legal avenues remain for recovery.
What Is the Likelihood of Actually Recovering Money From a Debtor?
No attorney can guarantee a specific outcome, but several factors affect the strength of a collection effort, including the age of the debt, the terms of the underlying agreement, and whether the debtor is still operating. We assess these with you when evaluating how to proceed.
Contact a New York Commercial Collections Attorney at Katz Melinger PLLC
Is an unpaid debt holding your business back? The longer a receivable goes uncollected, the harder it becomes to recover, and debtors who sense inaction tend to grow bolder in their refusal to pay. Call Katz Melinger PLLC at (212) 460-0047 or contact us online to schedule a consultation with a New York commercial collections attorney who will develop a targeted strategy to pursue what your business has earned.
The information provided should not be taken as legal advice. For the most current and thorough details, it is advisable to seek assistance from a legal professional by contacting a qualified attorney.
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