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CPLR § 317 Blogs

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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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  • 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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  • Vacating a Default Judgment in New York: 8 Fine Points of Law (with Examples)
    Vacating a Default Judgment in New York: 8 Fine Points of Law (with Examples)

    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 ...

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  • How to Overturn a Judgment: The Key Role of Bad Service
    How to Overturn a Judgment: The Key Role of Bad Service

    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 ...

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  • Time Limit to Vacate Your Default Judgment: New York
    Time Limit to Vacate Your Default Judgment: New York

    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, ...

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