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Blog Posts in March, 2013

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

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  • Pay off a New York Judgment? Creditor is Obligated to File Satisfaction or Pay Penalty.
    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 you ...

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  • LR Credit 22, LLC Sanctioned For Not Timely Honoring Exemption Claim Form
    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 aimed at ...

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  • The Langel Firm Secures Another Victory for Consumers Under the GBL - Judge Declares Baseless Debt Buyer Litigation Activity by Midland Funding Can Be Deceptive Act and/or Practice
    The Langel Firm Secures Another Victory for Consumers Under the GBL - Judge Declares Baseless Debt Buyer Litigation Activity by Midland Funding Can Be Deceptive Act and/or Practice

    In a decision issued on March 22, 2013 by Judge Michael A. Ciaffa in the First District Court of Nassau County, the Court held that where a debt buyer brings litigation to collect on an unpaid debt, ...

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  • New York Banks Freeze Double the Judgment Amount. Why?
    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
    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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