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  • Levy vs. Restraining Notice: How Creditors Enforce Judgments Against Your Property in New York
    Levy vs. Restraining Notice: 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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  • 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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  • 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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  • 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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  • Pay off a New York Judgment? Creditor is Obligated to File Satisfaction or Pay Penalty.
    Pay off a New York Judgment? Creditor is Obligated to File Satisfaction or Pay Penalty.

    Understanding Your Rights After Paying Off a Judgment in New York When you've fulfilled a judgment through paycheck deductions, bank account seizure, or settlement agreement compliance, it's crucial ...

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  • Vacating a Judgment in New York? Key Case Holdings About Judicial Discretion
    Vacating a Judgment in New York? Key Case Holdings About Judicial Discretion

    For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. F As a prelude to summarize the numerous case summaries in this blog, ...

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