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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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  • Need to Vacate a Default Judgment? Include Good "Excuses" for Not Defending
    Need to Vacate a Default Judgment? Include Good "Excuses" for Not Defending

    Facing a wage garnishment or bank restraint due to a judgment? Consider the excuses below to help you overturn the judgment at issue. New York law (CPLR § 5015) allows you to file a motion to vacate a ...

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  • Notice to Judgment Debtor or Obligor in New York: Your Next Steps
    Notice to Judgment Debtor or Obligor in New York: Your Next Steps

    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. To satisfy due process ...

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  • Time Limit to Vacate Your Default Judgment: New York
    Time Limit to Vacate Your Default Judgment: New York

    Understanding Time Limits for Challenging a New York Judgment When seeking to vacate a judgment, consider four key subsections of CPLR § 5015: Excusable default Newly discovered evidence Fraud, ...

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