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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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  • Levy vs. Seizure: How Creditors Enforce Judgments Against Your Property in New York
    Levy vs. Seizure: 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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  • The Heightened Challenges Debt Collectors Face in Litigation in 2025
    The Heightened Challenges Debt Collectors Face in Litigation in 2025

    Debt Collectors Confront Tougher Landscape in New York (2025) New York’s Consumer Credit Fairness Act (CCFA) took effect on April 7 2022, slashing the statute of limitations on consumer-credit suits ...

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  • How the Homestead Exemption Works in New York
    How the Homestead Exemption Works in New York

    The Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...

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  • Can a Debt Collector Place a Lien on My Home? Yes, Here's How
    Can a Debt Collector Place a Lien on My Home? Yes, Here's How

    Yes. When creditors obtain a judgment for an unpaid debt, they can docket that judgment to create a lien against your real property. This is entirely different from a mortgage lien, which is ...

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  • Receive a Notice of Garnishment? Here's a Summary of the Law
    Receive a Notice of Garnishment? Here's a Summary of the Law

    This blog post provides an introduction to New York law on wage garnishment, specifically "Income executions" under New York CPLR § 5231. Perhaps you received a Notice of Garnishment from a Marshal ...

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