Recent Posts in Exempt Money Category

Debt Defense: Tips & Hacks 3 (Exempt Income Protection Act)

Last week included a lot of exemption-claim work. We are testing the limits of New York's "bad faith" clause under CPLR § 5222-a(g) [1] to hold accountable a judgment creditor, its ...
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Debt Defense: Tips & Hacks 2 (Frozen Bank Accounts)

Exemption law has been at the forefront of this week's Facebook posts. New York's Exempt Income Protection Act, which went into effect on January 1, 2009, established procedures for releasing ...
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Upon Seizure of Bank Account, Often Times Quick Settlement is the Best Solution

Each case must be considered under its facts and circumstances. Although our Recent Victories reflect many of our outright dismissals, it is important to know that settlement — especially in the ...
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Most Frequent Debt Collection Complaints of 2015

The Consumer Finance Protection Bureau has released its 2015 report to Congress. The report categorizes consumer complaints, with regard to debt collection, into six classifications. The report also ...
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Protective Order against Judgment Enforcement: New York

Judgment debtors may turn to CPLR § 5240 to seek relief against the harsh effects of aggressive judgment enforcement. Located in a "centralized location" in Article 52, CPLR § 5240 ...
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Collector Induce you to Settle to Stop Legal Action... but Judgment Entered Anyway?

This situation is common. You agree to settle a collection lawsuit in exchange for a promise to stop the case. You pay as agreed, but then find yourself on the wrong end of a default judgment. The ...
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How Creditors "levy" (take) your Property: New York

The verb " to levy" means "to take or seize property in execution of a judgment." Used in a sentence: "The judgment creditor may levy on the debtor's assets." A levy ...
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Receive a Notice of Garnishment? Here's a Summary of the Law

You have likely reached this blog after having received a Notice of Garnishment from a Marshal (i.e., Marshal Bienstock, Daly, Moses, or Biegel ) or Sheriff threatening a wage garnishment. This post ...
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A Potent Judgment-Enforcement Tool: Installment Payment Order

The vast majority of our clients are facing income executions (wage garnishments) or frozen bank accounts. The reason is likely because they're easy to carry out and effective, especially in ...
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Military Personnel Given Extra Protection Against Default Judgments

If you've served our country at any time and find yourself of the wrong end on a frozen bank account, wage garnishment, or debt lawsuit, you should investigate your rights aimed at seeking extra ...
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Bank Account Frozen? How to Get Access to Exempt Money

Under New York law, certain funds are exempt from attachment by most creditors. [1] In general, exemptions apply to 90% of your income earned within the last 60 days, state and federal benefits, ...
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Creditor Freeze your Bank Account? Here's How it Happened.

Restraining Notices: What Are They & How Do They Work? Under New York CPLR § 5222, once a creditor has gotten a judgment for a debt, it has the right to use something called a ...
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New York Law Protects Employers for Honoring Wage Garnishments

You may be aggravated (understandably) because your employer turned over part of your hard-earned income to pay a judgment creditor. Perhaps you did not get proper notice of the garnishment to prevent ...
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Consumer Credit Protection Act: The Langel Firm, Private Enforcer

Now's a good time for a bird's eye view of the Consumer Credit Protection Act, enacted in 1968, which contains a "package" of federal Acts that operate to protect consumers in the ...
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Debt Buyers using Confusing Names is a Hot Issue for The Langel Firm

We were busy in February 2015. Debt Buyers Using Confusing Names in Litigation We sued several creditors for continuing to use confusing names in court cases. We use recent precedent in Lee v. Forster ...
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How the Homestead Exemption Works in New York

The government's policy in implementing the homestead exemption in CPLR § 5206 is to protect from seizure the reasonable living requirements of the debtor and his or her family. The same ...
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In New York, What Personal Property is Exempt from Creditors?

Below is a general list of what personal property ( real estate is next blog post) is exempt from the reach of your creditors. These exemptions reflect public policy to provide for your reasonable ...
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A Simple List of What Property your Judgment Creditor May Seize (New York)

First, what is a "judgment creditor"? A judgment creditor is the person or company that sued you and obtained a money judgment against you. If you've reached this website, your judgment ...
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LR Credit 21 and Mel Harris firm Fail to Show Compliance with Exemption Law

Judge Ciaffa of New York District Court, Nassau County denies and dismisses Mel Harris' attempt to force a debtor's relinquishment of funds contained in a joint bank account. The cited defect ...
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New York Gets a "B" Grade from NCLC in its New Report on State Exemption Laws

All states have at least some exemption laws, which are laws that exempt certain amounts of a debtor's money or personal property from collection by a creditor. These laws are designed to prevent ...
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Class Action Proceeds against Bank of America for Violations of Exempt Income Protection Act

Finally, a bank may be answerable for ignoring rules to protect New Yorkers' exempt money from seizure by judgment creditors. After three federal cases denied a private right of action against ...
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