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  • Levy vs. Seizure: How Creditors Enforce Judgments Against Your Property in New York
    Levy vs. Seizure: How Creditors Enforce Judgments Against Your Property in New York

    What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

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  • When Death Stops Debt Collection: How CPLR § 5208 Protects Estates (But Not You)
    When Death Stops Debt Collection: How CPLR § 5208 Protects Estates (But Not You)

    Statutes relating to the enforcement of money judgments require careful reading and analysis. The below summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; extension 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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  • Bank Account Frozen From a New York Judgment (but you live outside NY)? Big Win for Consumers where "Separate Entity Rule" Voided Such a Bank Restraint
    Bank Account Frozen From a New York Judgment (but you live outside NY)? Big Win for Consumers where "Separate Entity Rule" Voided Such a Bank Restraint

    Many out-of-state clients panic upon discovering their bank accounts frozen due to a New York default judgment. Is this legal? The cases below, including those of New York's highest court, affirm the ...

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  • Do I Have to Pay the Creditor's Attorneys' Fees if I Lose My Credit Card Lawsuit?
    Do I Have to Pay the Creditor's Attorneys' Fees if I Lose My Credit Card Lawsuit?

    The Basic Rule: No Automatic Attorney's Fees In New York, attorney's fees are not typically recoverable damages unless a specific contractual agreement or statute exists. This is known as "the ...

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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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