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  • Vacating Default Judgments in New York: A Complete Guide to CPLR §§ 317, 5015, and Stipulations
    Vacating Default Judgments in New York: A Complete Guide to CPLR §§ 317, 5015, and Stipulations

    Facing a wage garnishment or bank restraint based on a default judgment? New York law provides multiple, distinct paths to seek vacatur—but the requirements differ materially depending on the statute ...

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  • How much of my wages can be garnished? Summary of New York Law
    How much of my wages can be garnished? Summary of New York Law

    The Basic Rule The amount deducted from your earnings is the least of (1) 10% of your gross earnings, (2) 25% of your disposable earnings, or (3) the amount by which your disposable earnings exceed ...

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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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