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Blog Posts in August, 2022

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  • 11 Questions to Raise in a Debt-Buyer Lawsuit (Authenticity of Electronic Reproductions)
    11 Questions to Raise in a Debt-Buyer Lawsuit (Authenticity of Electronic Reproductions)

    Our last blog ( Can a Debt Buyer Authenticate a Creditor's Business Records? ) addressed the general rule that debt buyers often lack the personal knowledge to "lay a foundation" to admit the original ...

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  • 1099-C Forms: Are You Still on the Hook for the Debt?
    1099-C Forms: Are You Still on the Hook for the Debt?

    Understanding Debt Cancellation and Taxes When a debt you legally owe is canceled, it counts as income that must be reported on your tax return. To ensure individuals meet this obligation, financial ...

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  • Clerk vs. Judge: Two Paths to Default Judgments in NY
    Clerk vs. Judge: Two Paths to Default Judgments in NY

    What exactly is a “default” in law? A “default” is “an omission, or a failure to do that which is anticipated, expected, or required in a given situation." (Legaldictionary.com). Failing to answer a ...

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  • The Ultimate Guide to False-Advertising Law in New York: 22 FAQs
    The Ultimate Guide to False-Advertising Law in New York: 22 FAQs

    1) What are the elements of false advertising under New York law? For a private plaintiff to "state a claim" under General Business Law § 350, the following elements must be alleged in sufficient ...

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