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  • Is Your Retirement Account Safe from Debt Collectors in NY? Understanding CPLR § 5205 and Support Arrears
    Is Your Retirement Account Safe from Debt Collectors in NY? Understanding CPLR § 5205 and Support Arrears

    In New York practice, while retirement accounts and support payments are strongly protected under CPLR Article 52, those protections are subject to important statutory exceptions—particularly in 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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  • 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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  • When Death Stops Debt Collection: How CPLR § 5208 Protects Estates (But Not You)
    When Death Stops Debt Collection: How CPLR § 5208 Protects Estates (But Not You)

    Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension of ...

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  • Can Banks Freeze LLC Accounts for Personal Judgments? | NY Legal Guide
    Can Banks Freeze LLC Accounts for Personal Judgments? | NY Legal Guide

    Can a Bank Restrain (freeze) the Bank Account of a Judgment Debtor's LLC Based on an Individual Debt? A bank's ability to restrain an LLC's account for a judgment debtor's personal debts is complex. ...

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