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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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  • How Federal Powers Override NY's Student Loan Time Limits: Ultimate Guide
    How Federal Powers Override NY's Student Loan Time Limits: Ultimate Guide

    What You'll Learn: In this comprehensive guide, you'll learn: How New York's 20-year statute of limitations on money judgments under CPLR § 211(b) operates, including exceptions for written ...

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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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  • Can Banks Freeze LLC Accounts for Personal Judgments? | NY Legal Guide
    Can Banks Freeze LLC Accounts for Personal Judgments? | NY Legal Guide

    Can a Bank Restrain (freeze) the Bank Account of a Judgment Debtor's LLC Based on an Individual Debt? A bank's ability to restrain an LLC's account for a judgment debtor's personal debts is complex. ...

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  • Forum Selection Clauses In New York: What Out-of-State Borrowers Must Know
    Forum Selection Clauses In New York: What Out-of-State Borrowers Must Know

    Forum selection clauses in loan agreements force out-of-state borrowers to litigate in New York. As a collection defense attorney, I've observed how these provisions can tilt the playing field in ...

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  • Serving Out-of-State Defendants in New York: CPLR 313, 308(5), and Contractual Service Methods
    Serving Out-of-State Defendants in New York: CPLR 313, 308(5), and Contractual Service Methods

    Introduction New York litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly in this ...

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