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  • The 5 Scenarios in which Collectors have Standing to Bring Collection Lawsuits
    The 5 Scenarios in which Collectors have Standing to Bring Collection Lawsuits

    We operate heavily in the debt-buyer litigation market. Standing (ability to show connection to an injury) is always a core defense since the debt buyers' Achilles heels are the admissibility of ...

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  • Debt Defense: Tips & Hacks 3 (Exempt Income Protection Act)
    Debt Defense: Tips & Hacks 3 (Exempt Income Protection Act)

    Last week included a lot of exemption-claim work. We are testing the limits of New York's "bad faith" clause under CPLR § 5222-a(g) [1] to hold accountable a judgment creditor, its lawyer, and Capital ...

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  • Debt Defense: Tips & Hacks 2 (Frozen Bank Accounts)
    Debt Defense: Tips & Hacks 2 (Frozen Bank Accounts)

    Exemption law has been at the forefront of this week's Facebook posts . New York's Exempt Income Protection Act, which went into effect on January 1, 2009, established procedures for releasing funds ...

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  • Upon Seizure of Bank Account, Often Times Quick Settlement is the Best Solution
    Upon Seizure of Bank Account, Often Times Quick Settlement is the Best Solution

    Each case must be considered under its facts and circumstances. Although our Recent Victories reflect many of our outright dismissals, it is important to know that settlement — especially in the ...

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  • Creditors' Burden of Proof in Student Loan Cases
    Creditors' Burden of Proof in Student Loan Cases

    To file a lawsuit, the Plaintiff is required to have standing. In order to satisfy the standing requirement: The plaintiff must have suffered an injury; Caused by defendant's actions; With a ...

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  • What is a Confession of Judgment?
    What is a Confession of Judgment?

    A potent tool for plaintiffs, including creditors, is a confession of judgment. Generally, a valid confession of judgment allows a party to skip almost all legal procedure and secure a judgment ...

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