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  • Why That 30% Offer Turns Into 70%: How Debt Pricing Changes After the Lawsuit is Filed
    Why That 30% Offer Turns Into 70%: How Debt Pricing Changes After the Lawsuit is Filed

    In New York debt collection defense, a recurring pattern frustrates many debtors: a creditor willing to take 20–30% before suit often wants 60–70% or more once a lawsuit is filed or a judgment is ...

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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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  • 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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  • Understanding Blanket Liens: A Debtor's Defense Guide
    Understanding Blanket Liens: A Debtor's Defense Guide

    What is a Blanket Security Agreement? A blanket security agreement is a contract between a borrower and a lender that grants the lender a security interest in multiple assets or all assets of the ...

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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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