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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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  • 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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  • New York Confession of Judgment Update 2024: The End of Out-of-State Debtor Exploitation
    New York Confession of Judgment Update 2024: The End of Out-of-State Debtor Exploitation

    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 ...

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  • E-Signatures in New York: Validity and Enforceability in Debt Lawsuits
    E-Signatures in New York: Validity and Enforceability in Debt Lawsuits

    Understanding E-Signatures and Contractual Waivers in Purchase of Future Receivables In the recent case of AJ Equity Group LLC v. The Office Connection, Inc. et al., 197 N.Y.S.3d 925 (N.Y. Sup. Ct. ...

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