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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

    Collection litigation in New York presents significant challenges for defendants, requiring understanding of key jurisdictional defenses. This article examines three critical defenses in collection ...

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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: Although MCAs are marketed as purchases of future receivables, regulators (including the ...

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  • Email & Mail Service in New York: When Contract Clauses Backfire
    Email & Mail Service in New York: When Contract Clauses Backfire

    In collection-defense cases, I frequently see out-of-state defendants served by email, regular mail, or certified mail—methods that, absent a statute (e.g., CPLR 313, BCL § 307) or a court order under ...

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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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