Collection Abuse Blogs

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 ...

When challenging "service" (delivery) of the summons and complaint, arm yourself with the knowledge you need to attack the case confidently. This comprehensive review examines recent court decisions ...

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 ...

Understanding New York's Confession of Judgment Law and Recent Amendments New York's Confession of Judgment (COJ) law, codified in N.Y. C.P.L.R. § 3218, is a powerful legal tool that allows creditors ...

BCL § 1314 limits when foreign corporations (companies formed outside New York) can be sued in New York courts. The statute aims to prevent New York courts from being flooded with cases that lack ...

Forum selection clauses in loan agreements force out-of-state borrowers to litigate in New York. As a collection defense attorney, I've observed how these provisions can tilt the playing field in ...