Evidence Blogs

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 ...

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 ...

Forum selection clauses in loan agreements can require out-of-state borrowers to litigate in New York, subject to statutory and jurisdictional limitations. As a collection defense attorney, I've ...

The key differences between a Merchant Cash Advance (MCA) and the sale of future receivables : 1) Legal Nature: Although MCAs are marketed as purchases of future receivables, regulators (including the ...

In collection-defense cases, I frequently see out-of-state defendants served by email, regular mail, or certified mail—methods that, absent a statute (e.g., CPLR 313, BCL § 307) or a court order under ...

The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...