Blog Posts in March, 2013

Has Your Employer Fired You because of a Wage Garnishment/Income Execution? Learn Your Rights Under New York Law.

Aptly titled, "Discrimination against employees and prospective employees based upon wage assignment or income execution," New York CPLR § 5252 sets forth in relevant part: "No ...
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Pay off a New York Judgment? Creditor is Obligated to File Satisfaction or Pay Penalty.

So your paychecks have been reduced by 10% (plus statutory interest and poundage fees) to pay off a judgment. Or, your creditor's lawyer seized your bank account bringing you to your knees forcing ...
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LR Credit 22, LLC Sanctioned For Not Timely Honoring Exemption Claim Form

New York's exemption claim form process as recently codified in CPLR § 5222-a acts together with other New York statutes to constitute the Exempt Income Protection Act (EIPA). The act is ...
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New York Banks Freeze Double the Judgment Amount. Why?

Short answer: To ensure that there is an adequate sum of money to cover the judgment amount, the expenses of collection and the continually accruing interest, while allowing the judgment debtor access ...
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Listing Judgment on Bankruptcy Petition could Renew Enforceability of Otherwise Time-Barred Judgment, holds New York Appeals Court

Today, we report on a New York appellate case, First New York Bank v. Alexander, [1] that affirms basic elements of NYCPLR § 211(b): acknowledging a debt in writing or making partial payment on a ...
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Credigy Receivables, Inc. Sues a Victim of Identity Theft, and Court Upholds Victim's Award of Attorneys' Fees for Frivolous Enforcement of Judgment

The Langel Firm is a New York law firm practicing debt defense litigation. But we report on relevant cases all over the country. The case discussed below affirmed a North Carolina trial court's ...
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District Court Finds that Communications Directed to a Consumer's Attorney may be Actionable Under the FDCPA

The Eastern District of Michigan denied a motion to dismiss brought by the attorneys for Atlantic Credit & Finance, Inc. in Misleh v. Timothy E. Baxter & Associates (E.D. Mich. 2011). The ...
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