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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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  • How Do Merchant Cash Advances Differ From the Sale of Future Receivables?
    How Do Merchant Cash Advances Differ From the Sale of Future Receivables?

    The key differences between a Merchant Cash Advance (MCA) and the sale of future receivables: 1) Legal Nature: An MCA is not technically a loan, but rather an advance purchase of a business's future ...

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  • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit
    Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

    The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

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  • Can a Creditor Use a Driver's Abstract to Verify My Address for Legal Purposes?
    Can a Creditor Use a Driver's Abstract to Verify My Address for Legal Purposes?

    Can a Driving Abstract Help Establish Where I Lived for "Service" of Legal Papers? Yes, a driving abstract or record can be a piece of supporting evidence to help prove where someone lives for legal ...

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  • Citibank Fails to Show Debtor Retained Account Statements Without objection; Appeals Court Rejects its Account Stated Claim
    Citibank Fails to Show Debtor Retained Account Statements Without objection; Appeals Court Rejects its Account Stated Claim

    In a notable appellate decision, Citibank (S.D.), N.A. v. Brown-Serulovic, the Appellate Division of the New York State Supreme Court's Second Judicial Department overturned a lower court's decision ...

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  • Motion for Summary Judgment: A Guide for New Yorkers
    Motion for Summary Judgment: A Guide for New Yorkers

    What is a Motion for Summary Judgment? A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The ...

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