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  • How Do Merchant Cash Advances Differ From the Sale of Future Receivables?
    How Do Merchant Cash Advances Differ From the Sale of Future Receivables?

    The key differences between a Merchant Cash Advance (MCA) and the sale of future receivables: 1) Legal Nature: An MCA is not technically a loan, but rather an advance purchase of a business's future ...

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  • E-Signatures in New York: Validity and Enforceability in Debt Lawsuits
    E-Signatures in New York: Validity and Enforceability in Debt Lawsuits

    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. ...

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  • Merchant Cash Advance Agreements: The Importance of Validating Waiver of Service Provisions
    Merchant Cash Advance Agreements: The Importance of Validating Waiver of Service Provisions

    In our collection-defense practice, I often encounter this scenario: an out-of-state defendant being served by email, regular mail, or certified mail. There is only one problem: those methods alone ...

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  • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit
    Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

    The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

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  • Sued for Debt? Top 15 Reasons to Consult a Lawyer
    Sued for Debt? Top 15 Reasons to Consult a Lawyer

    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 ...

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  • Garnishments Alone do Not Waive Claims of Bad "Service"
    Garnishments Alone do Not Waive Claims of Bad "Service"

    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 ...

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