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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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  • 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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  • Pursued Twice for the Same Debt? Assert Your Rights Immediately!
    Pursued Twice for the Same Debt? Assert Your Rights Immediately!

    Double Garnishment After Judgment Satisfaction: A Case Study Client problem After a default judgment and a full wage-garnishment payout, our client thought the matter was closed. Three years later he ...

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  • Vacating a Judgment in New York? Key Case Holdings About Judicial Discretion
    Vacating a Judgment in New York? Key Case Holdings About Judicial Discretion

    For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

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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’s Exempt Income Protection Act (CPLR § 5222‑a) — working ...

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  • Bank Account Frozen From a New York Judgment (but you live outside NY)? Big Win for Consumers where "Separate Entity Rule" Rendered the Bank Restraint Ineffective as Served.
    Bank Account Frozen From a New York Judgment (but you live outside NY)? Big Win for Consumers where "Separate Entity Rule" Rendered the Bank Restraint Ineffective as Served.

    Many out-of-state clients panic upon discovering their bank accounts frozen due to a New York default judgment. Is this legal? The cases below, including those of New York's highest court, affirm the ...

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