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Motion to Vacate Judgment Blogs

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  • The Power of Consent: Vacating New York Judgments by Stipulation (Agreement)
    The Power of Consent: Vacating New York Judgments by Stipulation (Agreement)

    In New York judgment enforcement, a "final" order is rarely the end of the story. CPLR § 5015 is one of the principal statutory mechanisms for post-judgment relief in New York, allowing debtors and ...

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  • Vacating Default Judgments in New York: A Complete Guide to CPLR §§ 317, 5015, and Stipulations
    Vacating Default Judgments in New York: A Complete Guide to CPLR §§ 317, 5015, and Stipulations

    Facing a wage garnishment or bank restraint based on a default judgment? New York law provides multiple, distinct paths to seek vacatur—but the requirements differ materially depending on the statute ...

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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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  • Vacating a Default Judgment in New York: 8 Fine Points of Law (with Examples)
    Vacating a Default Judgment in New York: 8 Fine Points of Law (with Examples)

    Receive notice of a wage garnishment? Is your bank account frozen? 8 Points to Cover in Your Motion to Vacate a Default Judgment Although both statutes (CPLR §§ 5015 and 317) may not explicitly ...

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  • Can Creditors Seize Your Joint Bank Account? Know Your Rights in New York
    Can Creditors Seize Your Joint Bank Account? Know Your Rights in New York

    What are your rights when your bank account is jointly held? Can the creditor's attorney simply take all of the money? Under New York law, a joint bank account generally creates a presumption that ...

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  • Received a Judgment Debtor Notice in New York? Here’s How to Respond Fast
    Received a Judgment Debtor Notice in New York? Here’s How to Respond Fast

    If you've received a letter with language similar or identical to the one below, you are being put on notice that your money is at risk of being seized by a judgment creditor. Under CPLR § 5222(d), if ...

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