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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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  • 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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  • 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 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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  • Methods of Service of Legal Papers on a Person: New York
    Methods of Service of Legal Papers on a Person: New York

    Understanding the intricacies of service methods in New York is crucial for those sued for debt to determine if they were properly served and to ensure timely responses, avoiding severe legal ...

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