Consumer Debt, Tax & Small Business

We assist New Yorkers involved in tax disputes, bankruptcy proceedings, and consumer issues such as credit cards, auto loans, medical, and student loan debt. We can also provide legal assistance with small businesses, not-for-profits, and Housing Development Fund Companies (HDFC).

How To Get Help

Those seeking assistance with tax disputes, consumer issues, or bankruptcy should call the Access to Benefits helpline at 888-663-6880 Monday through Friday from 10:00 a.m. to 3:00 p.m. Tax disputes can also be initially assessed via our online intake form.

For help with new and existing small businesses and not-for-profit organizations or existing HDFCs contact the Community Development Project at 212-298-3340, CommunityDevProject@legal-aid.org, or reserve a spot in our virtual clinic by completing our online questionnaire.

Important Things To Know

Everything you need to know about small claims court.

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Understanding your rights can help you deal with your debts and stop debt collectors from harassing you.

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Information you need when responding to requests from the IRS or NYS Tax Department.

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Know Your Rights

What You Need to Know About Bankruptcy

Bankruptcy is a legal process established under federal law that allows people who cannot pay their debts to get a financial fresh start. Filing for bankruptcy stops all creditors from taking any action to collect on the debts.

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What You Need to Know About The Corporate Transparency Act

Beginning on January 1, 2024, the Corporate Transparency Act will require most entities formed or registered in the United States to report detailed information about their beneficial owners, i.e. the individuals who own or control the company to the U.S. Department of Treasury Financial Crimes Enforcement Network (FinCEN).

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What You Need to Know About Judgment Proof Status

Judgment proof means your income is a type or amount that is exempt from debt collection and you have no assets that a company has the right to take under New York State law. If you are judgment proof, this means that even if a company sues you and a court enters a judgment against you, the company cannot take any of your income or assets to pay the judgment.

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What You Need to Know About Small Claims Court

The information below is to assist individuals who have been sued New York City Small Claims Court. If you are being sued and are in need of legal assistance or have questions about your case, please contact The Legal Aid Society’s Consumer Law Project at the Access to Benefits helpline at 888-663 6880 Monday through Friday from 10:00 a.m. to 3:00 p.m. Common types of cases brought in Small Claims Court include Broken Lease Cases, Property Damage Claims, and unreturned security deposits.

If you need to bring a claim against another party in Small Claims Court , vist the court’s website for step-by-step instructions on how to proceed.

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What You Need to Know About Legal Structures for Small Business

Businesses must be organized in accordance with accepted legal structures. There are four basic types of legal structures for small businesses in New York State:

Sole proprietorship
Partnership (general or limited)
Corporation
Limited liability company.

If you don’t choose one of these specific types of organization, by law your business will be presumed to be a sole proprietorship if there is one owner, or a general partnership if there is more than one owner.

It is strongly recommended that when choosing the type of structure for your business, you consult with a lawyer, insurance broker and accountant about the advantages, disadvantages, and tax consequences of the structure you are considering.

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What You Need to Know About Starting a Business or Non-Profit

Information for individuals considering starting a business or non-profit and a summary of the legal issues you may face.

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What You Need to Know About Domestic Violence and Consumer Debt

Debt is any money that you owe to someone else. It includes credit cards, medical bills, car loans, student loans, past due rent, utility bills, or anything else you have been unable to pay.

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What You Need to Know About Debt

Having debt problems? Understanding your rights can help you deal with your debts and stop debt collectors from harassing you.

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What You Need to Know About Your Rights as a Low-Income Tax Payer

Get the information you need to accurately file your annual taxes and respond to requests from the IRS or NYSDTF. If you need additional assistance, call our Access to Benefits helpline at 888-663-6880 Monday through Friday from 10:00 a.m. to 3:00 p.m.

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Terms You Might Hear

The justice system can be overwhelming. Get familiar with some legal terms and acronyms you might hear like appeal, adjournment, petition, jurisdiction, deposition, and affidavit.

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Adjournment – A temporary postponement of a case until a specified future time.
Arbitration – A process in which a trained attorney or a retired judge decides a dispute instead of the court; if the parties consent to arbitration, the arbitrator's decision is final; otherwise, a dissatisfied party can request a trial before the court.
Attorney – A person admitted to practice law and authorized to perform criminal and civil legal functions on behalf of clients.
Brief – A written document prepared by the lawyers on each side of a dispute that is submitted to the court in support of each side's argument. It includes the points of law which the lawyer wishes to establish, the arguments the lawyer will use, and the legal authorities on which the lawyer rests their conclusions.
Clerk – An official or employee of the court who maintains the files of each case, and issues routine documents.
Creditor – An individual to whom an obligation is owed because he or she has given something of value in exchange.
Defendant – In a civil matter, this refers to the individual being sued. This party is called the "respondent" in a summary proceeding. In a criminal case, the court officers and district attorneys will use this term to refer to someone accused of a crime.
Delinquency – An offense or misdemeanor; a misdeed; A debt or other financial obligation on which payment is overdue.
Evidence – A form of proof or probative matter legally presented at the trial of an issue by the acts of the parties and through witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court or the jury.
Foreclosure – The process by which mortgaged property enters into the possession of the mortgagee without right of redemption by the mortgagor, usually for reason of delinquency in mortgage payments.
Inquest – A non-jury trial, where one party has not appeared or defended against the claim, and after the merits of the claim have been proven.
Insolvent – A person whose estate is not sufficient to pay their debts.
Jurisdiction – The ability for the court to decide the case, based on the type of case.
Landlord – A lessor of real property; the owner or possessor of an estate in land or a rental property, who, in an exchange for rent, leases it to another individual known as the tenant.
Lawyer – Someone whose job is to give advice to people about the law and speak for them in court.
Levy – A seizure; the obtaining of money by legal process through seizure and sale of property.
Liability – An obligation to do, to eventually do, or to refrain from doing something; money owed; or according to law one's responsibility for his/her conduct; or one's responsibility for causing an injury.
Lien – A claim on specific property for payment of a debt.
Maintenance – Repair and upkeep in housing. OR Money or other financial support awarded to a spouse in a divorce action for his or her separate support. Also called spousal support or alimony.
Minutes – Notes of what happened in the courtroom.
Mortgage – A legal document by which the owner (i.e., the buyer) transfers to the lender an interest in real estate to secure the repayment of a debt, evidenced by a mortgage note.
Order of Protection – A court order requiring someone to stay a certain distance from another person, and sometimes, their children, home, pets, school or employment.
Overpayment – The action of paying someone too much or an amount paid that is too much.
Party – Person having a direct interest in a legal matter, transaction or proceeding.
Petition – In special or summary proceedings, a paper like a document filed in court and delivered to the respondents, stating what the petitioner requests from the court and the respondents.
Plaintiff – The person suing. This party is called the "petitioner" in summary proceedings.
Precinct – A district of a city or town defined for police purposes. May also refer to a police station.
Repossess – To take something back from a person who is buying it over a period of time because they cannot continue to pay for it.
Settlement – A written compromise reached by the parties and approved by a judge.
Social Security – A federal program that provides income, health insurance, and other benefits.
Subpoena – A court document used to compel a witness to testify at the hearing or to produce records.
Summons – A plaintiff's written notice delivered to the parties being sued, that they must respond to within a specific time.
Supplemental Security Income (SSI) – A federal income supplement program designed to assist aged, blind, and disabled people with little to no income and to provide cash to meet basic needs for food, clothing, and shelter.
Surrender – To cancel or invalidate.
TPS – Temporary Protective Status. Offers temporary legal status to certain immigrants in the United States who cannot return to their home country due to ongoing armed conflict, natural disaster, or other extraordinary reasons.
Trial – The formal examination of a legal controversy in court so as to determine the issue.
Vacate – To cancel or set aside.
Warrant – An official document approved by an authority (normally a judge) which gives the police permission to do certain things.
Witness – A person who testifies to what they have seen, heard, or otherwise observed.

Consumer Debt, Tax & Small Business

How To Get Help

Important Things To Know

Everything you need to know about small claims court.

Understanding your rights can help you deal with your debts and stop debt collectors from harassing you.

Information you need when responding to requests from the IRS or NYS Tax Department.

Explore the Topic

Know Your Rights

Terms You Might Hear