Blog Posts By Category

What You'll Learn: In this comprehensive guide, you'll learn: How New York's 20-year statute of limitations on money judgments under CPLR § 211(b) operates, including exceptions for written ...

BCL § 1314 limits when foreign corporations (companies formed outside New York) can be sued in New York courts. The statute aims to prevent New York courts from being flooded with cases that lack ...

Forum selection clauses in loan agreements can require out-of-state borrowers to litigate in New York, subject to statutory and jurisdictional limitations. As a collection defense attorney, I've ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...

FOR IMMEDIATE RELEASE Jesse Langel, Esq. Introduces Innovative Solution to Unfreeze Bank Accounts New York, NY – Renowned consumer protection lawyer and founder of The Langel Firm, Jesse Langel, Esq., ...

1) First of all, what is bonus depreciation? Designed to stimulate investment in business property (not land or buildings), the Internal Revenue Code, under the Tax Cuts and Jobs Act of 2017 (TCJA), ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

Also known as: The Pareto Principle The Principle of Least Effort The Principle of Imbalance The Law of the Vital Few and the Trivial Many The More with Less Principal The Rule The 80/20 Rule asserts ...

Forum selection clauses in loan agreements can require out-of-state borrowers to litigate in New York, subject to statutory and jurisdictional limitations. As a collection defense attorney, I've ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

Forum selection clauses in loan agreements can require out-of-state borrowers to litigate in New York, subject to statutory and jurisdictional limitations. As a collection defense attorney, I've ...

Introduction New York litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly in this ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

Upholding Evidentiary Standards in Electronic Debt Claims In the case of American Express Centurion Bank v. Badalamenti, the court scrutinized the evidentiary standards required for electronic records ...

Refurbished Blog: American Express Bank v. Tancreto - A Landmark Case in Credit Card Litigation Introduction: The Case's Continued Relevance in 2023 In 2012, a noteworthy legal battle, American ...

1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

This blog reflects on a significant, prior New York City ruling denying American Express Bank's request for a default judgment against a credit card holder due to insufficient evidence. Three findings ...

Upholding Evidentiary Standards in Electronic Debt Claims In the case of American Express Centurion Bank v. Badalamenti, the court scrutinized the evidentiary standards required for electronic records ...

Refurbished Blog: American Express Bank v. Tancreto - A Landmark Case in Credit Card Litigation Introduction: The Case's Continued Relevance in 2023 In 2012, a noteworthy legal battle, American ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

In Purnell v. Arrow Financial Services, LLC (6 th Cir. 2008), Illinois-based debt buyer, Arrow Financial Services, was sued for continuing to furnish a disputed collection account to the credit ...

The business of art is fertile grounds for the tax professional. Depending on the unique facts, a piece of art can never sell—or sell for millions of dollars. It can change hands once—or multiple ...

A hot issue in debt-collection litigation is whether debt buyers can charge pre-judgment interest. The answer depends upon the facts of your case, but it seems difficult for debt buyers to argue that ...

Debt-buyer, Asset Acceptance, LLC, failed to "carry its evidentiary burden" to win a summary judgment motion involving an alleged Citibank credit card debt. A summary judgment motion is a written ...

Beginning on January 2, 2013, supervision over debt collection agencies will fall under the auspices of the Consumer Financial Protection Board (CFPB), the pro-consumer agency that was established as ...

Inspired from our business facebook page, we delightfully offer some points and rules to use in your collection defense. The New York City Civil Court system has been dubbed, "the credit card courts" ...

Assertive Advocacy: My Approach to FDCPA and Consumer Rights As a dedicated collection-defense attorney, my approach is far from what you might call 'nitpicking' over FDCPA (Fair Debt Collection ...

On May 22, 2009, President Barack Obama signed the Credit Card Accountability, Responsibility and Disclosure Act into law. Since then, consumers have saved over 12 billion dollars, below are five ways ...

In Plummer v. Atlantic Credit & Finance, Inc., [1] the court upheld three general rules: Debt buyers are debt collectors. Buying and selling debts is considered debt collection activity covered under ...

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 plaintiff ...

This blog series focuses on tax audits of attorneys. Why? Because I'm an attorney, and am highly interested in how attorneys wind up in hot water with the IRS. Even though this series focuses on ...

Attorneys practice their craft in a variety of ways. It’s their prerogative to charge clients and collect money as they see fit. They generally use the cash method of accounting, which means they ...

Below is a list of common tax mistakes by attorneys with respect to expense deductions. The blatant misuse of the below expenses could invite an unwanted tax audit. Claiming entertainment expenses ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Understanding New York's Confession of Judgment Law and Recent Amendments New York's Confession of Judgment (COJ) law, codified in N.Y. C.P.L.R. § 3218, is a powerful legal tool that allows creditors ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

The Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...

Understanding New York's Confession of Judgment Law and Recent Amendments New York's Confession of Judgment (COJ) law, codified in N.Y. C.P.L.R. § 3218, is a powerful legal tool that allows creditors ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

What is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...

What are your rights when your bank account is jointly held? Can the creditor's attorney simply take all of the money? Under New York law, a joint bank account generally creates a presumption that ...

Understanding New York's Confession of Judgment Law and Recent Amendments New York's Confession of Judgment (COJ) law, codified in N.Y. C.P.L.R. § 3218, is a powerful legal tool that allows creditors ...

The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...

In financial decision-making, our emotions often lead the way, sometimes guiding us towards prosperity but other times into pitfalls. This article dives deep into behavioral finance, unraveling how ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Collection litigation in New York presents significant challenges for defendants, requiring understanding of key jurisdictional defenses. This article examines three critical defenses in collection ...

BCL § 1314 limits when foreign corporations (companies formed outside New York) can be sued in New York courts. The statute aims to prevent New York courts from being flooded with cases that lack ...

The key differences between a Merchant Cash Advance (MCA) and the sale of future receivables : 1) Legal Nature: Although MCAs are marketed as purchases of future receivables, regulators (including the ...

Understanding New York's Confession of Judgment Law and Recent Amendments New York's Confession of Judgment (COJ) law, codified in N.Y. C.P.L.R. § 3218, is a powerful legal tool that allows creditors ...

BCL § 1314 limits when foreign corporations (companies formed outside New York) can be sued in New York courts. The statute aims to prevent New York courts from being flooded with cases that lack ...

1) First of all, what is bonus depreciation? Designed to stimulate investment in business property (not land or buildings), the Internal Revenue Code, under the Tax Cuts and Jobs Act of 2017 (TCJA), ...

The business of art is fertile grounds for the tax professional. Depending on the unique facts, a piece of art can never sell—or sell for millions of dollars. It can change hands once—or multiple ...

Employment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...

When it comes to debt collection, CACH, LLC is known for pursuing overdue personal debts. However, their reach extends to business-related debts as well. A recent case, however, highlights the ...

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 ...

Represented by Daniels Norelli Scully & Cecere, P.C., debt-buyer, CACH, LLC, sued our client for an alleged Bank of America (FIA) credit-card debt. Although the amount at issue was small, the stakes ...

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 ...

The Civil Court of Kings County granted a defendant consumer's application to vacate a default judgment entered against her by CACV of Colorado, LLC, and then declined to put the parties back on their ...

The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...

Dealing with a debt collection lawsuit can be daunting, especially in New York with our separate City Civil Courts. This comprehensive guide answers 25 critical questions to empower you as a consumer. ...

Understanding Debt Cancellation and Taxes When a debt you legally owe is canceled, it counts as income that must be reported on your tax return. To ensure individuals meet this obligation, financial ...

The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...

What is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...

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 lawyer, and Capital ...

Understanding New York's Confession of Judgment Law and Recent Amendments New York's Confession of Judgment (COJ) law, codified in N.Y. C.P.L.R. § 3218, is a powerful legal tool that allows creditors ...

BCL § 1314 limits when foreign corporations (companies formed outside New York) can be sued in New York courts. The statute aims to prevent New York courts from being flooded with cases that lack ...

Many out-of-state clients panic upon discovering their bank accounts frozen due to a New York default judgment. Is this legal? The cases below, including those of New York's highest court, affirm the ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

Litigation is litigation. Whether the subject matter is a $2,000 credit-card debt or a catastrophic personal injury case, the same basic procedural rules apply. The motion to dismiss is used to stop a ...

Entering default judgments is big business in the court system. The vast majority of default judgments in credit-card lawsuits are entered by clerks without a judge's review. This mode of ...

Our client was sued at an address in a county where he had not resided for 17 years. Obsolete is an understatement. Consequently, he defaulted and needed to hire us to quickly stop a garnishment and ...

Although The Langel Firm is a New York-based law firm, we report on collection misconduct cases all over the country because the Fair Debt Collection Practices Act ("FDCPA") is a federal law with ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...

What are your rights when your bank account is jointly held? Can the creditor's attorney simply take all of the money? Under New York law, a joint bank account generally creates a presumption that ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

Debt Collectors Confront Tougher Landscape in New York (2025) New York’s Consumer Credit Fairness Act (CCFA) took effect on April 7 2022, slashing the statute of limitations on consumer-credit suits ...

The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...

In a notable appellate decision, Citibank (S.D.), N.A. v. Brown-Serulovic, the Appellate Division of the New York State Supreme Court's Second Judicial Department overturned a lower court's decision ...

What are your rights when your bank account is jointly held? Can the creditor's attorney simply take all of the money? Under New York law, a joint bank account generally creates a presumption that ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

Even with inflation and rising food costs, conscious consumers appear not to skimp on animal welfare. Nearly 60% of consumers in the US report that they’re concerned about animal welfare when it comes ...

A class action was started against a law firm, Fein, Such & Crane, LLP, for allegedly charging fees not authorized by agreement or law. The fees at issue were litigation costs connected to settlements ...

Although the Fair Debt Collection Practices Act (FDCPA) is broadly applied, visible account numbers through envelope windows do not violate the law, holds two federal judges. The twin rulings appeared ...

Introduction: When Your Bank Accounts are Suddenly Frozen Imagine waking up one day to find your bank accounts frozen. The money in those accounts represents social security income, pension funds, ...

Consumers generally have one year in which to sue a debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Courts are generally strict in enforcing the one-year time limitation ...

Facing a "Motion for Summary Judgment" by Midland Funding, LLC ? If so, Midland Funding, LLC is seeking a judgment against you while dispensing the need for a trial. The evidence against you is being ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

Debt Collectors Confront Tougher Landscape in New York (2025) New York’s Consumer Credit Fairness Act (CCFA) took effect on April 7 2022, slashing the statute of limitations on consumer-credit suits ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

In collection-defense cases, I frequently see out-of-state defendants served by email, regular mail, or certified mail—methods that, absent a statute (e.g., CPLR 313, BCL § 307) or a court order under ...

Our client received a Notice of Garnishment by Marshal Henry Daly in the amount of $4,105. We quickly intervened by pointing to alleged defects in the underlying debt, and alleged defects in the ...

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 ...

The Appellate Division, First Department, reversed the trial court and held that a commercial lease personal guaranty covering both payment and performance obligations was susceptible to summary ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

Debt Collectors Confront Tougher Landscape in New York (2025) New York’s Consumer Credit Fairness Act (CCFA) took effect on April 7 2022, slashing the statute of limitations on consumer-credit suits ...

Collection litigation in New York presents significant challenges for defendants, requiring understanding of key jurisdictional defenses. This article examines three critical defenses in collection ...

Understanding New York's Confession of Judgment Law and Recent Amendments New York's Confession of Judgment (COJ) law, codified in N.Y. C.P.L.R. § 3218, is a powerful legal tool that allows creditors ...

The key differences between a Merchant Cash Advance (MCA) and the sale of future receivables : 1) Legal Nature: Although MCAs are marketed as purchases of future receivables, regulators (including the ...

Debt Collectors Confront Tougher Landscape in New York (2025) New York’s Consumer Credit Fairness Act (CCFA) took effect on April 7 2022, slashing the statute of limitations on consumer-credit suits ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

Yes. When creditors obtain a judgment for an unpaid debt, they can docket that judgment to create a lien against your real property. This is entirely different from a mortgage lien, which is ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

Understanding Time Limits for Challenging a New York Judgment When seeking to vacate a judgment, consider four key subsections of CPLR § 5015: Excusable default Newly discovered evidence Fraud, ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

Double Garnishment After Judgment Satisfaction: A Case Study Client problem After a default judgment and a full wage-garnishment payout, our client thought the matter was closed. Three years later he ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

Understanding E-Signatures and Contractual Waivers in Purchase of Future Receivables In the recent case of AJ Equity Group LLC v. The Office Connection, Inc. et al., 197 N.Y.S.3d 925 (N.Y. Sup. Ct. ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Federal Rule Protecting Exempt Funds from Garnishment: Updates Since 2011 This blog discusses a federal rule that aimed to provide stronger protections for consumers with "exempt funds" in their bank ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

In collection-defense cases, I frequently see out-of-state defendants served by email, regular mail, or certified mail—methods that, absent a statute (e.g., CPLR 313, BCL § 307) or a court order under ...

What Are Interrogatories in a Legal Context? Interrogatories are formal written questions that one party in a lawsuit can serve upon another party to obtain specific information relevant to the case. ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

Receive notice of a wage garnishment? Is your bank account frozen? 8 Points to Cover in Your Motion to Vacate a Default Judgment Although both statutes (CPLR §§ 5015 and 317) may not explicitly ...

Countering Default Judgments: Your Guide to Challenging Improper Service If you weren’t properly served with the summons and complaint, you can challenge the judgment by showing lack of personal ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

Receive notice of a wage garnishment? Is your bank account frozen? 8 Points to Cover in Your Motion to Vacate a Default Judgment Although both statutes (CPLR §§ 5015 and 317) may not explicitly ...

Facing a wage garnishment or bank restraint due to a judgment? Consider the excuses below to help you overturn the judgment at issue. New York law (CPLR § 5015) allows you to file a motion to vacate a ...

Many out-of-state clients panic upon discovering their bank accounts frozen due to a New York default judgment. Is this legal? The cases below, including those of New York's highest court, affirm the ...

If you have been served with a summons and complaint in New York City, you must respond in a timely manner to prevent a default judgment. This article provides you with the knowledge to do so. This ...

Understanding Time Limits for Challenging a New York Judgment When seeking to vacate a judgment, consider four key subsections of CPLR § 5015: Excusable default Newly discovered evidence Fraud, ...

What Are Interrogatories in a Legal Context? Interrogatories are formal written questions that one party in a lawsuit can serve upon another party to obtain specific information relevant to the case. ...

If you have been served with a summons and complaint in New York City, you must respond in a timely manner to prevent a default judgment. This article provides you with the knowledge to do so. This ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

What is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

Understanding Time Limits for Challenging a New York Judgment When seeking to vacate a judgment, consider four key subsections of CPLR § 5015: Excusable default Newly discovered evidence Fraud, ...

Understanding Time Limits for Challenging a New York Judgment When seeking to vacate a judgment, consider four key subsections of CPLR § 5015: Excusable default Newly discovered evidence Fraud, ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

Understanding Time Limits for Challenging a New York Judgment When seeking to vacate a judgment, consider four key subsections of CPLR § 5015: Excusable default Newly discovered evidence Fraud, ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

The Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

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 ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Debt Collectors Confront Tougher Landscape in New York (2025) New York’s Consumer Credit Fairness Act (CCFA) took effect on April 7 2022, slashing the statute of limitations on consumer-credit suits ...

Double Garnishment After Judgment Satisfaction: A Case Study Client problem After a default judgment and a full wage-garnishment payout, our client thought the matter was closed. Three years later he ...

1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

1) What is the statute of limitations? The statute of limitations is the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a ...

Debts of Highest Priority Court Judgments : A judgment is a court order in favor of the creditor. Now as a “judgment creditor,” it can garnish your wages, freeze your bank accounts, and foreclose on ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...

When it comes to debt collection, CACH, LLC is known for pursuing overdue personal debts. However, their reach extends to business-related debts as well. A recent case, however, highlights the ...

Represented by Daniels Norelli Scully & Cecere, P.C., debt-buyer, CACH, LLC, sued our client for an alleged Bank of America (FIA) credit-card debt. Although the amount at issue was small, the stakes ...

A bank-account seizure would cripple anybody. Most consumers live out of their personal checking account. A debt-collection lawyer in possession of a judgment against you can easily find where you ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Debt Collectors Confront Tougher Landscape in New York (2025) New York’s Consumer Credit Fairness Act (CCFA) took effect on April 7 2022, slashing the statute of limitations on consumer-credit suits ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Debt Collectors Confront Tougher Landscape in New York (2025) New York’s Consumer Credit Fairness Act (CCFA) took effect on April 7 2022, slashing the statute of limitations on consumer-credit suits ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

The Basic Rule 10% of your gross earnings will be deducted subject to a minimum wage analysis explained below. Gross earnings are defined as salary, wages, overtime earnings, commissions, income from ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

Debt Collectors Confront Tougher Landscape in New York (2025) New York’s Consumer Credit Fairness Act (CCFA) took effect on April 7 2022, slashing the statute of limitations on consumer-credit suits ...

Forum selection clauses in loan agreements can require out-of-state borrowers to litigate in New York, subject to statutory and jurisdictional limitations. As a collection defense attorney, I've ...

Introduction New York litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly in this ...

1) First of all, what is bonus depreciation? Designed to stimulate investment in business property (not land or buildings), the Internal Revenue Code, under the Tax Cuts and Jobs Act of 2017 (TCJA), ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

What Are Interrogatories in a Legal Context? Interrogatories are formal written questions that one party in a lawsuit can serve upon another party to obtain specific information relevant to the case. ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

Introduction New York litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly in this ...

In collection-defense cases, I frequently see out-of-state defendants served by email, regular mail, or certified mail—methods that, absent a statute (e.g., CPLR 313, BCL § 307) or a court order under ...

Debt-collection judgments often switch hands between debt buyers. But less realized is the fairly common practice of attorneys substituting each other. The law requires that you get notified when a ...

Facing a $30,433 Garnishment Notice by Great Seneca Financial Corporation, we quickly filed court papers to attack the validity of the judgment and the validity of the plaintiff. In the action, Great ...

The proposed class-plaintiffs in Collins v. Erin Capital Management, LLC [1] allege that Erin Capital violated the Fair Debt Collection Practices Act ("FDCPA") for suing Florida consumers – and ...

Employment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...

Employment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...

Employment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...

Temporary Relief Followed by Potential Liability for Employment Taxes New York’s PAUSE Order aimed at mitigating the spread of COVID-19 unavoidably devastated business income. Because of that, NYS ...

Pre-Pandemic 1) Before the pandemic, debt-collection-industry revenue has trended downward. Debt-collection-industry revenue has declined in recent years, decreasing from an estimated $13.5 billion in ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

Our client received a Notice of Garnishment by Marshal Henry Daly in the amount of $4,105. We quickly intervened by pointing to alleged defects in the underlying debt, and alleged defects in the ...

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 ...

The proposed class-plaintiffs in Collins v. Erin Capital Management, LLC [1] allege that Erin Capital violated the Fair Debt Collection Practices Act ("FDCPA") for suing Florida consumers – and ...

Understanding E-Signatures and Contractual Waivers in Purchase of Future Receivables In the recent case of AJ Equity Group LLC v. The Office Connection, Inc. et al., 197 N.Y.S.3d 925 (N.Y. Sup. Ct. ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

Understanding New York's Confession of Judgment Law and Recent Amendments New York's Confession of Judgment (COJ) law, codified in N.Y. C.P.L.R. § 3218, is a powerful legal tool that allows creditors ...

Forum selection clauses in loan agreements can require out-of-state borrowers to litigate in New York, subject to statutory and jurisdictional limitations. As a collection defense attorney, I've ...

Understanding New York's Confession of Judgment Law and Recent Amendments New York's Confession of Judgment (COJ) law, codified in N.Y. C.P.L.R. § 3218, is a powerful legal tool that allows creditors ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

Facing a wage garnishment or bank restraint due to a judgment? Consider the excuses below to help you overturn the judgment at issue. New York law (CPLR § 5015) allows you to file a motion to vacate a ...

New York Civil Practice Law and Rules (CPLR) § 5236 sets the ground rules for selling a debtor’s real property by execution—essentially a court-ordered sheriff’s auction. Because real estate is often ...

Many out-of-state clients panic upon discovering their bank accounts frozen due to a New York default judgment. Is this legal? The cases below, including those of New York's highest court, affirm the ...

Short answer: New York Banks may freeze (hold) double the judgment amount to cover accrued interest and collection expenses. [1] Securing twice the Planned Consumer Marketing, Inc. v. Coats & Clark, ...

If you've received a letter with language similar or identical to the one below, you are being put on notice that your money is at risk of being seized by a judgment creditor. Under CPLR § 5222(d), if ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Many out-of-state clients panic upon discovering their bank accounts frozen due to a New York default judgment. Is this legal? The cases below, including those of New York's highest court, affirm the ...

Short answer: New York Banks may freeze (hold) double the judgment amount to cover accrued interest and collection expenses. [1] Securing twice the Planned Consumer Marketing, Inc. v. Coats & Clark, ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

The Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...

Double Garnishment After Judgment Satisfaction: A Case Study Client problem After a default judgment and a full wage-garnishment payout, our client thought the matter was closed. Three years later he ...

Many out-of-state clients panic upon discovering their bank accounts frozen due to a New York default judgment. Is this legal? The cases below, including those of New York's highest court, affirm the ...

In New York, CPLR § 5205 sets out what personal property is protected from creditors trying to collect a judgment. Below is a practical list of these exemptions, designed to ensure you can meet your ...

Short answer: New York Banks may freeze (hold) double the judgment amount to cover accrued interest and collection expenses. [1] Securing twice the Planned Consumer Marketing, Inc. v. Coats & Clark, ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Double Garnishment After Judgment Satisfaction: A Case Study Client problem After a default judgment and a full wage-garnishment payout, our client thought the matter was closed. Three years later he ...

The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Many out-of-state clients panic upon discovering their bank accounts frozen due to a New York default judgment. Is this legal? The cases below, including those of New York's highest court, affirm the ...

New York statute shields select funds from creditor attachment, even when debt obligations remain unpaid. These legal "exemptions" protect essential income required for basic living needs. Generally, ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

Here are some key federal laws regulating food, beverages, dietary supplements, and cosmetics in the United States. Under each section are lists of the 10 most common products regulated under each ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

Two recent lawsuits against Smithfield Foods are not going its way in the District of Columbia. Both lawsuits allege false advertising by Smithfield. One case asserts that Smithfield Foods misled ...

What is Humane Washing? Humane-washing is the practice of making false or misleading claims about the treatment of farmed animals. Claims may include the conditions in which animals are born, raised, ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

Double Garnishment After Judgment Satisfaction: A Case Study Client problem After a default judgment and a full wage-garnishment payout, our client thought the matter was closed. Three years later he ...

In 2024, New York has witnessed a surge in debt collection lawsuits and harassment cases. Over 96% of defendants sued in debt collection cases are unrepresented, and most are low-income seniors of ...

Regions Bank sued our client in for a line of credit issued for $90,000.00. This blog details our defensive strategy to combat the lawsuit and secure a favorable outcome for our client. Challenging ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

This blog post provides an introduction to New York law on wage garnishment, specifically "Income executions" under New York CPLR § 5231. Perhaps you received a Notice of Garnishment from a New York ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

What You'll Learn: In this comprehensive guide, you'll learn: How New York's 20-year statute of limitations on money judgments under CPLR § 211(b) operates, including exceptions for written ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

This case illustrates the importance of scrutinizing your credit card debt chain of title. Generally, courts consider legal custody of the debt to be a threshold issue that must be resolved first ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

The Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...

New York Civil Practice Law and Rules (CPLR) § 5236 sets the ground rules for selling a debtor’s real property by execution—essentially a court-ordered sheriff’s auction. Because real estate is often ...

What connection does this "trust" have to my student loan? These trusts are not lenders or guarantors. National Collegiate Student Loan Trust is a trust, or series of trusts, that contain private ...

A client contacted us after she received a wage garnishment stemming from a judgment that had been obtained against her by LVNV Funding. The judgment was obtained in 2007 for about $6,000 and had rose ...

A federal judge green-lighted a class action lawsuit that accused Forster & Garbus, LLP and NCOP XI, LLC of acting deceptively by citing a creditor's name as "NCOP XI, LLC A/P/O Capital One." The Fair ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

BCL § 1314 limits when foreign corporations (companies formed outside New York) can be sued in New York courts. The statute aims to prevent New York courts from being flooded with cases that lack ...

Forum selection clauses in loan agreements can require out-of-state borrowers to litigate in New York, subject to statutory and jurisdictional limitations. As a collection defense attorney, I've ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...

Can a Bank Restrain (freeze) the Bank Account of a Judgment Debtor's LLC Based on an Individual Debt? A bank's ability to restrain an LLC's account for a judgment debtor's personal debts is complex. ...

The case [1] appeared in the New York Law Journal three days ago. It's wildly fascinating as it touches on various aspects of judgment enforcement. An individual judgment debtor moved for a protective ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

In general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

The Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...

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 ...

Debt-buyer, Asset Acceptance, LLC, failed to "carry its evidentiary burden" to win a summary judgment motion involving an alleged Citibank credit card debt. A summary judgment motion is a written ...

M.N. v. Fulton, Friedman & Gullace, LLP, 12-cv-4710, (S.D.N.Y. 2012) Rochester-based Fulton Friedman & Gullace, LLP will now face a federal lawsuit in the Southern District of New York for what I ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Collection litigation in New York presents significant challenges for defendants, requiring understanding of key jurisdictional defenses. This article examines three critical defenses in collection ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

In general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...

Debt-collection judgments often switch hands between debt buyers. But less realized is the fairly common practice of attorneys substituting each other. The law requires that you get notified when a ...

Facing a $30,433 Garnishment Notice by Great Seneca Financial Corporation, we quickly filed court papers to attack the validity of the judgment and the validity of the plaintiff. In the action, Great ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

Even with inflation and rising food costs, conscious consumers appear not to skimp on animal welfare. Nearly 60% of consumers in the US report that they’re concerned about animal welfare when it comes ...

Complete the below questionnaire to determine if the meat, poultry, fish, or dairy product that you purchased was deceptively advertised: * Not every phrase or word used below automatically represents ...

What is Humane Washing? Humane-washing is the practice of making false or misleading claims about the treatment of farmed animals. Claims may include the conditions in which animals are born, raised, ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

The Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...

FOR IMMEDIATE RELEASE Jesse Langel, Esq. Introduces Innovative Solution to Unfreeze Bank Accounts New York, NY – Renowned consumer protection lawyer and founder of The Langel Firm, Jesse Langel, Esq., ...

In New York, CPLR § 5205 sets out what personal property is protected from creditors trying to collect a judgment. Below is a practical list of these exemptions, designed to ensure you can meet your ...

The Validity of Debt Assignments Without Court Recording The Case of Musah v Houslanger & Associates In a pivotal ruling, the Federal District Court for the Southern District of New York provided ...

New York State defense litigation collides again with the Fair Debt Collection Practices Act ("FDCPA"), this time producing a fairly harsh result to the consumer. This office represents consumers ...

If you have been served with a summons and complaint in New York City, you must respond in a timely manner to prevent a default judgment. This article provides you with the knowledge to do so. This ...

Introduction New York litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly in this ...

This blog reflects on a significant, prior New York City ruling denying American Express Bank's request for a default judgment against a credit card holder due to insufficient evidence. Three findings ...

If you have been served with a summons and complaint in New York City, you must respond in a timely manner to prevent a default judgment. This article provides you with the knowledge to do so. This ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

In general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...

What is Inflation, and How is it Caused? Inflation can be simply understood as the rise in prices of goods and services over time, leading to a decrease in purchasing power of a currency. The root ...

This blog series focuses on tax audits of attorneys. Why? Because I'm an attorney, and am highly interested in how attorneys wind up in hot water with the IRS. Even though this series focuses on ...

Debt Collectors Confront Tougher Landscape in New York (2025) New York’s Consumer Credit Fairness Act (CCFA) took effect on April 7 2022, slashing the statute of limitations on consumer-credit suits ...

What Are Interrogatories in a Legal Context? Interrogatories are formal written questions that one party in a lawsuit can serve upon another party to obtain specific information relevant to the case. ...

The case referred to is U.S. v. Stinson, a federal appeals decision that affirmed the disgorgement (repayment) of $949,952.47 against a tax return preparer. Disgorgement, which compels wrongdoers to ...

Despite the IRS' recent achievements, and its 5-year Strategic Plan to streamline operations, The National Taxpayer Advocate exposed some core weaknesses. The National Taxpayer Advocate (NTA) is an ...

The IRS published its 5-Year Strategic Plan for years 2018 to 2022. Below are some of its strategic goals. Honoring the Taxpayer Bill of Rights; Encouraging more online interaction to increase ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Can a Bank Restrain (freeze) the Bank Account of a Judgment Debtor's LLC Based on an Individual Debt? A bank's ability to restrain an LLC's account for a judgment debtor's personal debts is complex. ...

Introduction New York litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly in this ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Can a Bank Restrain (freeze) the Bank Account of a Judgment Debtor's LLC Based on an Individual Debt? A bank's ability to restrain an LLC's account for a judgment debtor's personal debts is complex. ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...

Dealing with a debt collection lawsuit can be daunting, especially in New York with our separate City Civil Courts. This comprehensive guide answers 25 critical questions to empower you as a consumer. ...

1) Account Stated is a “cause of action.” What is a cause of action? A cause of action has two definitions: noun. A condition under which one party would be entitled to sue another. noun. A set of ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

In New York, a judgment lien on real property arises when the money judgment is docketed with the county clerk in the county where the property is located (not merely upon entry). If you have been ...

If you've received a letter with language similar or identical to the one below, you are being put on notice that your money is at risk of being seized by a judgment creditor. Under CPLR § 5222(d), if ...

The Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

In New York, a judgment lien on real property arises when the money judgment is docketed with the county clerk in the county where the property is located (not merely upon entry). If you have been ...

If you've received a letter with language similar or identical to the one below, you are being put on notice that your money is at risk of being seized by a judgment creditor. Under CPLR § 5222(d), if ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

In debt collection, the bona fide error defense is a legal concept that might apply if an attorney mistakenly pursues a consumer for a debt that is not theirs, provided prompt corrective action is ...

We have been seeing an interesting trend lately: debt buyers, without legal justification, moving for entry of a default judgment after the legal deadline. That deadline is one year after a consumer ...

Facing a $38,458 garnishment by Marshal Gregg E. Bienstock, our client felt as if he ran out of options. He even paid a couple thousand dollars toward the garnishment. But after exploring his rights ...

BCL § 1314 limits when foreign corporations (companies formed outside New York) can be sued in New York courts. The statute aims to prevent New York courts from being flooded with cases that lack ...

Facing a wage garnishment or bank restraint due to a judgment? Consider the excuses below to help you overturn the judgment at issue. New York law (CPLR § 5015) allows you to file a motion to vacate a ...

Amid an aggressive challenge by Lacy Katzen, LLP and Eric Berman, P.C., Eastern District Judge Eric Vitaliano has ruled that NYC's Local Law 15 (2009) trespasses on the state's oversight of the ...

This case illustrates the importance of scrutinizing your credit card debt chain of title. Generally, courts consider legal custody of the debt to be a threshold issue that must be resolved first ...

The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...

FOR IMMEDIATE RELEASE Jesse Langel, Esq. Introduces Innovative Solution to Unfreeze Bank Accounts New York, NY – Renowned consumer protection lawyer and founder of The Langel Firm, Jesse Langel, Esq., ...

If you have been served with a summons and complaint in New York City, you must respond in a timely manner to prevent a default judgment. This article provides you with the knowledge to do so. This ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

The Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

The Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...

Yes. When creditors obtain a judgment for an unpaid debt, they can docket that judgment to create a lien against your real property. This is entirely different from a mortgage lien, which is ...

New York Civil Practice Law and Rules (CPLR) § 5236 sets the ground rules for selling a debtor’s real property by execution—essentially a court-ordered sheriff’s auction. Because real estate is often ...

The Appellate Division, First Department, reversed the trial court and held that a commercial lease personal guaranty covering both payment and performance obligations was susceptible to summary ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

Collection litigation in New York presents significant challenges for defendants, requiring understanding of key jurisdictional defenses. This article examines three critical defenses in collection ...

Forum selection clauses in loan agreements can require out-of-state borrowers to litigate in New York, subject to statutory and jurisdictional limitations. As a collection defense attorney, I've ...

Our client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND FAIRNESS HEARING Sykes v. Mel S. Harris and Associates LLC, No. 09 Civ. 8486 ...

A New York appellate court reversed a trial court's decision to let a consumer-defendant's spouse, under a power of attorney, to "stand in" for him for purposes of conducting a traverse hearing. A ...

Each case must be considered under its facts and circumstances. Although our Recent Victories reflect many of our outright dismissals, it is essential to know that settlement — especially in the ...

Courts are in the business of reducing disputes to judgments— not revisiting issues already encompassed within judgments. Actually, that’s not entirely true. Our law practice—The Langel Firm—regularly ...

A client contacted us after she received a wage garnishment stemming from a judgment that had been obtained against her by LVNV Funding. The judgment was obtained in 2007 for about $6,000 and had rose ...

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 ...

Another 2009 debt-buyer judgment emerges to garnish our client's wages. In this case, the debt buyer was RAB Performance Recoveries represented by Malen & Associates, P.C. A City Marshal served our ...

In the strictly applied, technical world of FDCPA ("Fair Debt Collection Practices Act") litigation, it's just as important to see why claims fail. The FDCPA is a federal Act that governs the conduct ...

Finally a judge scrutinizes and decries the blatant defects of a debt buyer's lawsuit wherein it attempted to enforce a judgment without proving that it had been validly assigned, and without proving ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...

FOR IMMEDIATE RELEASE Jesse Langel, Esq. Introduces Innovative Solution to Unfreeze Bank Accounts New York, NY – Renowned consumer protection lawyer and founder of The Langel Firm, Jesse Langel, Esq., ...

Getting your wages garnished due to debt can be stressful enough. But did you know that under New York law, your employer cannot legally punish you for it? As set forth below, New York CPLR § 5252 ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

Our client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND FAIRNESS HEARING Sykes v. Mel S. Harris and Associates LLC, No. 09 Civ. 8486 ...

A New York appellate court reversed a trial court's decision to let a consumer-defendant's spouse, under a power of attorney, to "stand in" for him for purposes of conducting a traverse hearing. A ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

Introduction New York litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly in this ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

Facing a wage garnishment or bank restraint due to a judgment? Consider the excuses below to help you overturn the judgment at issue. New York law (CPLR § 5015) allows you to file a motion to vacate a ...

At The Langel Firm, we defend consumer debt lawsuits and bring separate federal lawsuits against those same collectors who violate the Fair Debt Collection Practices Act (FDCPA) within the context of ...

Key Takeaways for Protecting Your Money from Creditors Certain Funds are Off-Limits to Creditors: There are specific types of income that creditors cannot touch, no matter what. These include: Social ...

Introduction: When Your Bank Accounts are Suddenly Frozen Imagine waking up one day to find your bank accounts frozen. The money in those accounts represents social security income, pension funds, ...

Our "Debt Defense: Tips & Hacks" series was inspired by our Facebook page that we're delighted to see obtain increased viewership. Our goal is to provide quick, useable, and current nuggets of ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

The Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

In financial decision-making, our emotions often lead the way, sometimes guiding us towards prosperity but other times into pitfalls. This article dives deep into behavioral finance, unraveling how ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

Here are some key federal laws regulating food, beverages, dietary supplements, and cosmetics in the United States. Under each section are lists of the 10 most common products regulated under each ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

The Appellate Division, First Department, reversed the trial court and held that a commercial lease personal guaranty covering both payment and performance obligations was susceptible to summary ...

Debt Collectors Confront Tougher Landscape in New York (2025) New York’s Consumer Credit Fairness Act (CCFA) took effect on April 7 2022, slashing the statute of limitations on consumer-credit suits ...

BCL § 1314 limits when foreign corporations (companies formed outside New York) can be sued in New York courts. The statute aims to prevent New York courts from being flooded with cases that lack ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

Collection litigation in New York presents significant challenges for defendants, requiring understanding of key jurisdictional defenses. This article examines three critical defenses in collection ...

BCL § 1314 limits when foreign corporations (companies formed outside New York) can be sued in New York courts. The statute aims to prevent New York courts from being flooded with cases that lack ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

Receive notice of a wage garnishment? Is your bank account frozen? 8 Points to Cover in Your Motion to Vacate a Default Judgment Although both statutes (CPLR §§ 5015 and 317) may not explicitly ...

What are your rights when your bank account is jointly held? Can the creditor's attorney simply take all of the money? Under New York law, a joint bank account generally creates a presumption that ...

As always, time is of the essence when facing an income execution (garnishment). We needed to respond quickly to the final stages of a garnishment executed by Marshal Ronald Moses. In the underlying ...

Fair is fair. And if a consumer is clearly not notified of a court case, why should that consumer be forced to turn over hard-earned wages toward a $36,158 garnishment? Why should that consumer even ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

Countering Default Judgments: Your Guide to Challenging Improper Service If you weren’t properly served with the summons and complaint, you can challenge the judgment by showing lack of personal ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

Here are some key federal laws regulating food, beverages, dietary supplements, and cosmetics in the United States. Under each section are lists of the 10 most common products regulated under each ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

The defendants in this case [1] : Mel S. Harris & Associates and NCO Portfolio Management, Inc. The plaintiff sued these collection entities under the Fair Debt Collection Practices Act ("FDCPA") for ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...

What is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...

What Are Interrogatories in a Legal Context? Interrogatories are formal written questions that one party in a lawsuit can serve upon another party to obtain specific information relevant to the case. ...

Understanding Time Limits for Challenging a New York Judgment When seeking to vacate a judgment, consider four key subsections of CPLR § 5015: Excusable default Newly discovered evidence Fraud, ...

Receive notice of a wage garnishment? Is your bank account frozen? 8 Points to Cover in Your Motion to Vacate a Default Judgment Although both statutes (CPLR §§ 5015 and 317) may not explicitly ...

In collection-defense cases, I frequently see out-of-state defendants served by email, regular mail, or certified mail—methods that, absent a statute (e.g., CPLR 313, BCL § 307) or a court order under ...

Short answer: New York Banks may freeze (hold) double the judgment amount to cover accrued interest and collection expenses. [1] Securing twice the Planned Consumer Marketing, Inc. v. Coats & Clark, ...

In New York, a judgment lien on real property arises when the money judgment is docketed with the county clerk in the county where the property is located (not merely upon entry). If you have been ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

What You'll Learn: In this comprehensive guide, you'll learn: How New York's 20-year statute of limitations on money judgments under CPLR § 211(b) operates, including exceptions for written ...

Collection litigation in New York presents significant challenges for defendants, requiring understanding of key jurisdictional defenses. This article examines three critical defenses in collection ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

What is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

The below list explores the show-down between state law and federal law in the areas of food, beverages, animal products, medication, medical devices, dietary supplements, cigarettes, and more. First, ...

1) What is the statute of limitations? The statute of limitations is the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a ...

New York State defense litigation collides again with the Fair Debt Collection Practices Act ("FDCPA"), this time producing a fairly harsh result to the consumer. This office represents consumers ...

A debt buyer plaintiff may face substantial problems in submitting its evidence in admissible form, as debt buyer Palisades Collection, LLC found in the case Palisades v. Kedik. [1] In Kedik, ...

Also known as: The Pareto Principle The Principle of Least Effort The Principle of Imbalance The Law of the Vital Few and the Trivial Many The More with Less Principal The Rule The 80/20 Rule asserts ...

In general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...

Does "Humanely Raised" placed near "USDA Process Certified" imply that the USDA certified "Humanely Raised"? Yes, plausibly so, held a federal judge in New Jersey in the class action, Hemy v. Perdue ...

In financial decision-making, our emotions often lead the way, sometimes guiding us towards prosperity but other times into pitfalls. This article dives deep into behavioral finance, unraveling how ...

In personal finance, debt is often a topic of debate. People have varied opinions on the need for debt, influenced by cultural beliefs, upbringing, and financial knowledge. To some, it represents ...

The Appellate Division, First Department, reversed the trial court and held that a commercial lease personal guaranty covering both payment and performance obligations was susceptible to summary ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

Collection litigation in New York presents significant challenges for defendants, requiring understanding of key jurisdictional defenses. This article examines three critical defenses in collection ...

BCL § 1314 limits when foreign corporations (companies formed outside New York) can be sued in New York courts. The statute aims to prevent New York courts from being flooded with cases that lack ...

Our client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...

A New York appellate court reversed a trial court's decision to let a consumer-defendant's spouse, under a power of attorney, to "stand in" for him for purposes of conducting a traverse hearing. A ...

Often times, consumers have to unwind their case after they've defaulted (did not appear in court). Bad service of initial papers often leads to lack of awareness, which then leads to a default ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...

What is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...

1) What is the statute of limitations? The statute of limitations is the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a ...

The Consumer Financial Protection Bureau ("CFPB"), the federal government's consumer-protection muscle levied stiff penalties against Encore Capital Group (the parent to Midland Funding, LLC and ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

In general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...

The below list explores the show-down between state law and federal law in the areas of food, beverages, animal products, medication, medical devices, dietary supplements, cigarettes, and more. First, ...

Related to the issue in our last blog post, we caused the dismissal of a $14,000 case on the grounds that the plaintiff, Unifund, CCR, LLC, waited too long to properly serve our client. Almost a year ...

The first case, brought by Mel S. Harris & Associates on behalf of LR Credit 10, LLC enabled us to quickly move to overturn a judgment based on the fact that our client never lived in New York, ...

The lessons of this case: In opposition to your lawful claim of exemption to a bank seizure, a judgment creditor must: Serve you with its opposition papers at the current address listed on your claim ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

What is the Health Products Compliance Guide of 2022? The Federal Trade Commission (FTC) has provided an overhaul to its 1998 Guidance called Dietary Supplements: An Advertising Guide for Industry. ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

Introduction New York litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly in this ...

The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

Exploring Waiver in a Wage Garnishment: Esgro v. Banks Case Analysis In Esgro Capital Management, LLC v. Sharae Banks, a critical legal question was raised: Can a defendant subject to wage garnishment ...

In the 2011 case handled by The Langel Firm, we overturned a $266,382 judgment and compelled the dismissal of the case. This foreign-judgment case represented a significant legal victory underscoring ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

Collection litigation in New York presents significant challenges for defendants, requiring understanding of key jurisdictional defenses. This article examines three critical defenses in collection ...

Introduction New York litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly in this ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

Another 2009 debt-buyer judgment emerges to garnish our client's wages. In this case, the debt buyer was RAB Performance Recoveries represented by Malen & Associates, P.C. A City Marshal served our ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

Here are some key federal laws regulating food, beverages, dietary supplements, and cosmetics in the United States. Under each section are lists of the 10 most common products regulated under each ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Many out-of-state clients panic upon discovering their bank accounts frozen due to a New York default judgment. Is this legal? The cases below, including those of New York's highest court, affirm the ...

Short answer: New York Banks may freeze (hold) double the judgment amount to cover accrued interest and collection expenses. [1] Securing twice the Planned Consumer Marketing, Inc. v. Coats & Clark, ...

Many original creditors write off bad debts and sell them to third party debt collectors who use aggressive, and sometimes unlawful, practices to collect those debts in violation of the Fair Debt ...

In Fritz v. Resurgent Capital Services, LP, [1] the plaintiffs in a class action assert claims against Resurgent Capital Services, LP, LVNV Funding, and Mel Harris, et al. for alleged violations of ...

Resurgent Capital Services, LLC, represented by Mel Harris & Associates, LLC, was denied in its attempt, by motion, to simply amend the case caption to substitute Resurgent with different debt buyer, ...

Since our initial introduction to United Guaranty Commercial Insurance of North Carolina in this case, we've been retained by more consumers needing help against this student loan insurer suing in the ...

This case [1] represents a recurring pattern in debt collection lawsuits: our client was sued in a county in which he never lived, has since moved to another state, and is suffering a wage garnishment ...

What connection does this "trust" have to my student loan? These trusts are not lenders or guarantors. National Collegiate Student Loan Trust is a trust, or series of trusts, that contain private ...

Our client received a Notice of Garnishment by Marshal Henry Daly in the amount of $4,105. We quickly intervened by pointing to alleged defects in the underlying debt, and alleged defects in the ...

The District Court of Nassau County, New York denied Rushmore Recoveries' motion for summary judgment in Rushmore Recoveries X, LLC v. Skolnick (Nassau Cty. Dist. 2007). Rushmore Recoveries sued a ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

In general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...

Understanding New York's Confession of Judgment Law and Recent Amendments New York's Confession of Judgment (COJ) law, codified in N.Y. C.P.L.R. § 3218, is a powerful legal tool that allows creditors ...

What is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

Our client was sued at an address in a county where he had not resided for 17 years. Obsolete is an understatement. Consequently, he defaulted and needed to hire us to quickly stop a garnishment and ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

Understanding New York's Confession of Judgment Law and Recent Amendments New York's Confession of Judgment (COJ) law, codified in N.Y. C.P.L.R. § 3218, is a powerful legal tool that allows creditors ...

Collection litigation in New York presents significant challenges for defendants, requiring understanding of key jurisdictional defenses. This article examines three critical defenses in collection ...

Introduction New York litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly in this ...

The key differences between a Merchant Cash Advance (MCA) and the sale of future receivables : 1) Legal Nature: Although MCAs are marketed as purchases of future receivables, regulators (including the ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

Dealing with a collection agency to settle a debt? Here's a structured approach to ensure you make informed decisions: 1. Validate the Debt You Owe Upon initial contact, debt collectors are obligated ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

In today's New York Law Journal appeared the decision in Unifund CCR, LLC v. Chan. [1] This case emphasized the major legal hurdle plaguing debt buyers: hearsay. Hearsay is broadly defined as ...

Collection litigation in New York presents significant challenges for defendants, requiring understanding of key jurisdictional defenses. This article examines three critical defenses in collection ...

In collection-defense cases, I frequently see out-of-state defendants served by email, regular mail, or certified mail—methods that, absent a statute (e.g., CPLR 313, BCL § 307) or a court order under ...

Collection litigation in New York presents significant challenges for defendants, requiring understanding of key jurisdictional defenses. This article examines three critical defenses in collection ...

What is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

What You'll Learn: In this comprehensive guide, you'll learn: How New York's 20-year statute of limitations on money judgments under CPLR § 211(b) operates, including exceptions for written ...

BCL § 1314 limits when foreign corporations (companies formed outside New York) can be sued in New York courts. The statute aims to prevent New York courts from being flooded with cases that lack ...

Each case must be considered under its facts and circumstances. Although our Recent Victories reflect many of our outright dismissals, it is essential to know that settlement — especially in the ...

Our client walked in with a Notice of Garnishment issued by Marshal Moses for $69,139. The creditor was Pinpoint Technologies, LLC and the current law firm enforcing the judgment for Pinpoint was ...

Our client was sued [1] for an alleged Chase debt with a default date of no later than August of 2007. Our firm quickly moved to dismiss the case under Portfolio v. King (Court of Appeals) arguing ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

What are your rights when your bank account is jointly held? Can the creditor's attorney simply take all of the money? Under New York law, a joint bank account generally creates a presumption that ...

Facing a wage garnishment or bank restraint due to a judgment? Consider the excuses below to help you overturn the judgment at issue. New York law (CPLR § 5015) allows you to file a motion to vacate a ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

Collection litigation in New York presents significant challenges for defendants, requiring understanding of key jurisdictional defenses. This article examines three critical defenses in collection ...

BCL § 1314 limits when foreign corporations (companies formed outside New York) can be sued in New York courts. The statute aims to prevent New York courts from being flooded with cases that lack ...

Forum selection clauses in loan agreements can require out-of-state borrowers to litigate in New York, subject to statutory and jurisdictional limitations. As a collection defense attorney, I've ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

In collection-defense cases, I frequently see out-of-state defendants served by email, regular mail, or certified mail—methods that, absent a statute (e.g., CPLR 313, BCL § 307) or a court order under ...

Receive notice of a wage garnishment? Is your bank account frozen? 8 Points to Cover in Your Motion to Vacate a Default Judgment Although both statutes (CPLR §§ 5015 and 317) may not explicitly ...

What Are Interrogatories in a Legal Context? Interrogatories are formal written questions that one party in a lawsuit can serve upon another party to obtain specific information relevant to the case. ...

Short answer: New York Banks may freeze (hold) double the judgment amount to cover accrued interest and collection expenses. [1] Securing twice the Planned Consumer Marketing, Inc. v. Coats & Clark, ...

The Appellate Division, First Department, reversed the trial court and held that a commercial lease personal guaranty covering both payment and performance obligations was susceptible to summary ...

What is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

The key differences between a Merchant Cash Advance (MCA) and the sale of future receivables : 1) Legal Nature: Although MCAs are marketed as purchases of future receivables, regulators (including the ...

In collection-defense cases, I frequently see out-of-state defendants served by email, regular mail, or certified mail—methods that, absent a statute (e.g., CPLR 313, BCL § 307) or a court order under ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

Imagine you are in the market for a new surround sound system. You take a trip to Best Buy and find the ideal surround sound system which will allow you to enjoy your music and movies in crisp, ...

1) First of all, what is bonus depreciation? Designed to stimulate investment in business property (not land or buildings), the Internal Revenue Code, under the Tax Cuts and Jobs Act of 2017 (TCJA), ...

The business of art is fertile grounds for the tax professional. Depending on the unique facts, a piece of art can never sell—or sell for millions of dollars. It can change hands once—or multiple ...

Employment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...

The business of art is fertile grounds for the tax professional. Depending on the unique facts, a piece of art can never sell—or sell for millions of dollars. It can change hands once—or multiple ...

Employment taxes are expensive. Payroll taxes are expensive. Withholding taxes is an administrative burden. All true. But I remember a wise tax lawyer once saying to a group of us, “if you can’t ...

This blog series focuses on tax audits of attorneys. Why? Because I'm an attorney, and am highly interested in how attorneys wind up in hot water with the IRS. Even though this series focuses on ...

The Essential Legal Glossary for Consumer Debtors Acceptance: 1) Intentionally receiving and keeping something. 2) Agreeing to contract terms. Acceptance of Service: Agreement by a defendant to accept ...

In personal finance, debt is often a topic of debate. People have varied opinions on the need for debt, influenced by cultural beliefs, upbringing, and financial knowledge. To some, it represents ...

Yes. When creditors obtain a judgment for an unpaid debt, they can docket that judgment to create a lien against your real property. This is entirely different from a mortgage lien, which is ...

1) What is the statute of limitations? The statute of limitations is the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a ...

Friends, Be aware of an active tax-debt settlement scam targeting middle-class New York. The scammers pawn themselves off as tax-settlement professionals alerting you to— and offering to ...

If you have recently discovered that there is a state tax warrant or a tax lien against you, you are most certainly not alone. Similarly, if you have recently received a tax bill or notice, you are in ...

1) What is the statute of limitations? The statute of limitations is the time period in which a plaintiff has the legal right to sue. It starts from the date of your missed minimum payment. If a ...

Friends, Be aware of an active tax-debt settlement scam targeting middle-class New York. The scammers pawn themselves off as tax-settlement professionals alerting you to— and offering to ...

If you have recently discovered that there is a state tax warrant or a tax lien against you, you are most certainly not alone. Similarly, if you have recently received a tax bill or notice, you are in ...

The same tax rules apply whether the award is made by settlement (before or after lawsuit) or awarded through a judgment. But the parties can influence taxation by inserting pivotal facts in a ...

Tax law is harsh when it comes to most filing deadlines, which are considered jurisdictional and not subject to equitable tolling. Even one day late, regardless of the harshness of result, will block ...

Under the tax code, the confidentiality privilege only applies in non-criminal tax matters. But United States v. Kovel (2nd Cir. 1961) stepped in to extend the attorney-client privilege to cover ...

The same tax rules apply whether the award is made by settlement (before or after lawsuit) or awarded through a judgment. But the parties can influence taxation by inserting pivotal facts in a ...

Friends, Be aware of an active tax-debt settlement scam targeting middle-class New York. The scammers pawn themselves off as tax-settlement professionals alerting you to— and offering to ...

If you have recently discovered that there is a state tax warrant or a tax lien against you, you are most certainly not alone. Similarly, if you have recently received a tax bill or notice, you are in ...

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 ...

The Fair Debt Collection Practices Act (FDCPA) prohibits harassing and abusive conduct as well as false, deceptive, or misleading representations in connection with collection of a debt. If a debt ...

At issue are 53 pre-recorded, vague, unsolicited voicemails left on our client's cell phone from July 2010 to March 2011 by Capital One. The Langel Firm will allege that Capital One violated the ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

The below list explores the show-down between state law and federal law in the areas of food, beverages, animal products, medication, medical devices, dietary supplements, cigarettes, and more. First, ...

1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

The below list explores the show-down between state law and federal law in the areas of food, beverages, animal products, medication, medical devices, dietary supplements, cigarettes, and more. First, ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

Our client was sued [1] for an alleged Chase debt with a default date of no later than August of 2007. Our firm quickly moved to dismiss the case under Portfolio v. King (Court of Appeals) arguing ...

Temporary Relief Followed by Potential Liability for Employment Taxes New York’s PAUSE Order aimed at mitigating the spread of COVID-19 unavoidably devastated business income. Because of that, NYS ...

Can a Bank Restrain (freeze) the Bank Account of a Judgment Debtor's LLC Based on an Individual Debt? A bank's ability to restrain an LLC's account for a judgment debtor's personal debts is complex. ...

We have been seeing an interesting trend lately: debt buyers, without legal justification, moving for entry of a default judgment after the legal deadline. That deadline is one year after a consumer ...

As always, time is of the essence when facing an income execution (garnishment). We needed to respond quickly to the final stages of a garnishment executed by Marshal Ronald Moses. In the underlying ...

Related to the issue in our last blog post, we caused the dismissal of a $14,000 case on the grounds that the plaintiff, Unifund, CCR, LLC, waited too long to properly serve our client. Almost a year ...

Since our initial introduction to United Guaranty Commercial Insurance of North Carolina in this case, we've been retained by more consumers needing help against this student loan insurer suing in the ...

United Guaranty Commercial Insurance Company of North Carolina faced stiff opposition when it sued a valued client of ours. Immediately, we challenged the capacity of this corporate entity, its right ...

Here are some key federal laws regulating food, beverages, dietary supplements, and cosmetics in the United States. Under each section are lists of the 10 most common products regulated under each ...

This blog explores when and how companies must support (substantiate") their health-related advertising claims. How Scientific Studies are Used to Prove Health-Advertising Claims Science is a ...

In general, mislabeling refers to errors or omissions on product labels, while misbranding refers to false or misleading claims or representations about the product. Quick Examples of Mislabeling: A ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

The key differences between a Merchant Cash Advance (MCA) and the sale of future receivables : 1) Legal Nature: Although MCAs are marketed as purchases of future receivables, regulators (including the ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

What You'll Learn: In this comprehensive guide, you'll learn: How New York's 20-year statute of limitations on money judgments under CPLR § 211(b) operates, including exceptions for written ...

Understanding Time Limits for Challenging a New York Judgment When seeking to vacate a judgment, consider four key subsections of CPLR § 5015: Excusable default Newly discovered evidence Fraud, ...

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 ...

In Plummer v. Atlantic Credit & Finance, Inc., [1] the court upheld three general rules: Debt buyers are debt collectors. Buying and selling debts is considered debt collection activity covered under ...

1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

Understanding Time Limits for Challenging a New York Judgment When seeking to vacate a judgment, consider four key subsections of CPLR § 5015: Excusable default Newly discovered evidence Fraud, ...

Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

Introduction New York litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly in this ...

In collection-defense cases, I frequently see out-of-state defendants served by email, regular mail, or certified mail—methods that, absent a statute (e.g., CPLR 313, BCL § 307) or a court order under ...

Countering Default Judgments: Your Guide to Challenging Improper Service If you weren’t properly served with the summons and complaint, you can challenge the judgment by showing lack of personal ...

I went full-throttle into false-advertising law because of the repugnancy inherent in " humanewashing," a form of "causewashing." What is "Causewashing"? "Causewashing" is a term used to describe the ...

This is Part III of a three-part series in which I dissect the FTC’s Health Products Compliance Guidance of 2022. Some content is fairly technical (thank you, FTC), but hopefully, I convey the larger ...

This blog dives deep into the heart of primary legal authority with a rigorous analysis of key 2nd Circuit decisions related to food and consumer-product litigation. Allegedly ineffective "charcoal" ...

The below list explores the show-down between state law and federal law in the areas of food, beverages, animal products, medication, medical devices, dietary supplements, cigarettes, and more. First, ...

1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...

Finally a judge scrutinizes and decries the blatant defects of a debt buyer's lawsuit wherein it attempted to enforce a judgment without proving that it had been validly assigned, and without proving ...

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 ...

By decision dated July 17, 2012, Judge Ciaffa of Nassau District Court, New York rejected Discover Bank's attempt to collect on a charged-off debt. Judge Ciaffa denied Discover's motion for Summary ...