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  • Can a New York Creditor Garnish Your Wages If You Live and Work in Another State?
    Can a New York Creditor Garnish Your Wages If You Live and Work in Another State?

    Many people assume that once they leave New York, a New York judgment can no longer reach their paycheck. Others assume the opposite—that a New York creditor can garnish wages anywhere in the country ...

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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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  • 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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