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  • Standing, Acceleration, and Choice of Law: Essential Defenses in Student Loan Collection Litigation
    Standing, Acceleration, and Choice of Law: Essential Defenses in Student Loan Collection Litigation

    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 ...

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  • How to Challenge Process Servers at NYC Traverse Hearings: A Guide in 2025
    How to Challenge Process Servers at NYC Traverse Hearings: A Guide in 2025

    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 ...

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  • Clerk or Judge: Who Grants Default Judgments in New York?
    Clerk or Judge: Who Grants Default Judgments in New York?

    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 ...

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  • The Heightened Challenges Debt Collectors Face in Litigation in 2025
    The Heightened Challenges Debt Collectors Face in Litigation in 2025

    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 ...

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  • How the Homestead Exemption Works in New York
    How the Homestead Exemption Works in New York

    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 ...

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  • When Death Stops Debt Collection: How CPLR § 5208 Protects Estates (But Not You)
    When Death Stops Debt Collection: How CPLR § 5208 Protects Estates (But Not You)

    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 ...

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