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  • Vacating Default Judgments in New York: A Complete Guide to CPLR §§ 317, 5015, and Stipulations
    Vacating Default Judgments in New York: A Complete Guide to CPLR §§ 317, 5015, and Stipulations

    Facing a wage garnishment or bank restraint based on a default judgment? New York law provides multiple, distinct paths to seek vacatur—but the requirements differ materially depending on the statute ...

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  • How much of my wages can be garnished? Summary of New York Law
    How much of my wages can be garnished? Summary of New York Law

    The Basic Rule The amount deducted from your earnings is the least of (1) 10% of your gross earnings, (2) 25% of your disposable earnings, or (3) the amount by which your disposable earnings exceed ...

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  • Levy vs. Restraining Notice: How Creditors Enforce Judgments Against Your Property in New York
    Levy vs. Restraining Notice: How Creditors Enforce Judgments Against Your Property in New York

    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, ...

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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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  • 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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  • 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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