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  • Sued in New York for a Loan? How BCL § 1314 and GOL § 5-1402 Protect Out-of-State Borrowers
    Sued in New York for a Loan? How BCL § 1314 and GOL § 5-1402 Protect Out-of-State Borrowers

    New York's Business Corporation Law § 1314 governs when foreign entities and non-residents can sue in New York courts. Despite its title, it applies to actions against and by foreign corporations and ...

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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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  • Contractual Consent Of Service: The Hidden Perils For Out-of-State Borrowers
    Contractual Consent Of Service: The Hidden Perils For Out-of-State Borrowers

    The following blog post delves into CPLR § 313 and § 308(5), exploring their application in serving out-of-state defendants in New York commercial disputes, with a particular focus on the validity of ...

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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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  • E-Signatures in New York: Validity and Enforceability in Debt Lawsuits
    E-Signatures in New York: Validity and Enforceability in Debt Lawsuits

    Understanding E-Signatures and Contractual Waivers in Purchase of Future Receivables In the recent case of AJ Equity Group LLC v. The Office Connection, Inc. et al., 197 N.Y.S.3d 925 (N.Y. Sup. Ct. ...

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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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