The Langel Firm Consumer Protection Blog

How Federal Powers Override NY's Student Loan Time Limits: Ultimate Guide November 24, 2024

What You'll Learn: In this comprehensive guide, you'll learn: How New York's 20-year statute of limitations on money judgments under CPLR § 211(b) operates, including exceptions for written ...

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Fighting Foreign Lenders in NY Courts: Your Complete Guide to Jurisdictional Defenses November 7, 2024

The collection-litigation market in New York is as aggressive as ever. From a defense perspective, this blog explores the potent defenses of a) lack of subject matter jurisdiction, b) lack of personal ...

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NY Confession of Judgment Update 2024: The End of Out-of-State Debtor Exploitation November 2, 2024

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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Can Banks Freeze LLC Accounts for Personal Judgments? | NY Legal Guide October 26, 2024

Can a Bank Restrain (freeze) the Bank Account of a Judgment Debtor's LLC Based on an Individual Debt? A bank's ability to restrain an LLC's account for a judgment debtor's personal debts is complex. ...

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Sued in New York for a Loan? How BCL § 1314 and GOL § 5-1402 Protect Out-of-State Borrowers August 27, 2024

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 ...

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Forum Selection Clauses In New York: What Out-of-State Borrowers Must Know August 23, 2024

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 ...

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