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  • Fighting Foreign Lenders in NY Courts: Your Complete Guide to Jurisdictional Defenses
    Fighting Foreign Lenders in NY Courts: Your Complete Guide to Jurisdictional Defenses

    The collection-litigation market in New York is as aggressive as ever. From a defense perspective, this blog explores the potent defenses of a) lack of subject matter jurisdiction, b) lack of personal ...

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  • NY Confession of Judgment Update 2024: The End of Out-of-State Debtor Exploitation
    NY Confession of Judgment Update 2024: The End of Out-of-State Debtor Exploitation

    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 ...

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  • Contractual Consent Of Service: The Hidden Perils For Out-of-State Borrowers
    Contractual Consent Of Service: The Hidden Perils For Out-of-State Borrowers

    The following blog post delves into CPLR § 313 and § 308(5), exploring their application in serving out-of-state defendants in New York commercial disputes, with a particular focus on the validity of ...

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  • Vacating a Judgment in New York? Key Case Holdings About Judicial Discretion
    Vacating a Judgment in New York? Key Case Holdings About Judicial Discretion

    For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. From service of post-judgment notices to defenses in usury, courts ...

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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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