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  • Fighting Foreign Lenders in NY Courts: Your Complete Guide to Jurisdictional Defenses
    Fighting Foreign Lenders in NY Courts: Your Complete Guide to Jurisdictional Defenses

    The collection-litigation market in New York is as aggressive as ever. From a defense perspective, this blog explores the potent defenses of a) lack of subject matter jurisdiction, b) lack of personal ...

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  • Serving Out-of-State Defendants in New York: CPLR 313, 308(5), and Contractual Service Methods
    Serving Out-of-State Defendants in New York: CPLR 313, 308(5), and Contractual Service Methods

    Introduction New York litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly in this ...

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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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  • Service of Process: Why New York Courts Are Rejecting Email and Mail Service
    Service of Process: Why New York Courts Are Rejecting Email and Mail Service

    In collection-defense cases, I frequently see out-of-state defendants served by email, regular mail, or certified mail—methods that traditionally don't constitute valid service under New York law. ...

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  • Can a Creditor Use a Driver's Abstract to Verify My Address for Legal Purposes?
    Can a Creditor Use a Driver's Abstract to Verify My Address for Legal Purposes?

    Can a Driving Abstract Help Establish Where I Lived for "Service" of Legal Papers? Yes, a driving abstract or record can be a piece of supporting evidence to help prove where someone lives for legal ...

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  • Garnishments Alone do Not Waive Claims of Bad "Service"
    Garnishments Alone do Not Waive Claims of Bad "Service"

    Exploring Waiver in a Wage Garnishment: Esgro v. Banks Case Analysis In Esgro Capital Management, LLC v. Sharae Banks, a critical legal question was raised: Can a defendant subject to wage garnishment ...

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