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  • Standing, Acceleration, and Choice of Law: Essential Defenses in Student Loan Collection Litigation
    Standing, Acceleration, and Choice of Law: Essential Defenses in Student Loan Collection Litigation

    Standing Requirements in Student Loan Litigation The doctrine of standing serves as a jurisdictional prerequisite that every plaintiff must satisfy before proceeding with litigation. In the context of ...

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  • Clerk or Judge: Who Grants Default Judgments in New York?
    Clerk or Judge: Who Grants Default Judgments in New York?

    What exactly is a “default” in law? A default is ‘the omission or failure to perform a legal duty.’ Black’s Law Dictionary (11th ed.). Failing to answer a complaint or failing to file any form of ...

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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 Federal Powers Override NY's Student Loan Time Limits: Ultimate Guide
    How Federal Powers Override NY's Student Loan Time Limits: Ultimate Guide

    What You'll Learn: In this comprehensive guide, you'll learn: How New York's 20-year statute of limitations on money judgments under CPLR § 211(b) operates, including exceptions for written ...

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  • Pursued Twice for the Same Debt? Assert Your Rights Immediately!
    Pursued Twice for the Same Debt? Assert Your Rights Immediately!

    Double Garnishment After Judgment Satisfaction: A Case Study Client problem After a default judgment and a full wage-garnishment payout, our client thought the matter was closed. Three years later he ...

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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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