New York City Debt Collection Defense Attorney

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  • Fighting Foreign Lenders in NY Courts: Your Complete Guide to Jurisdictional Defenses
    Fighting Foreign Lenders in NY Courts: Your Complete Guide to Jurisdictional Defenses

    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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  • Contractual Consent Of Service: The Hidden Perils For Out-of-State Borrowers
    Contractual Consent Of Service: The Hidden Perils For Out-of-State Borrowers

    The following blog post delves into CPLR § 313 and § 308(5), exploring their application in serving out-of-state defendants in New York commercial disputes, with a particular focus on the validity of ...

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  • How Do Merchant Cash Advances Differ From the Sale of Future Receivables?
    How Do Merchant Cash Advances Differ From the Sale of Future Receivables?

    The key differences between a Merchant Cash Advance (MCA) and the sale of future receivables: 1) Legal Nature: An MCA is not technically a loan, but rather an advance purchase of a business's future ...

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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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  • Merchant Cash Advance Agreements: The Importance of Validating Waiver of Service Provisions
    Merchant Cash Advance Agreements: The Importance of Validating Waiver of Service Provisions

    In our collection-defense practice, I often encounter this scenario: an out-of-state defendant being served by email, regular mail, or certified mail. There is only one problem: those methods alone ...

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  • Can a Creditor Use a Driver's Abstract to Verify My Address for Legal Purposes?
    Can a Creditor Use a Driver's Abstract to Verify My Address for Legal Purposes?

    Can a Driving Abstract Help Establish Where I Lived for "Service" of Legal Papers? Yes, a driving abstract or record can be a piece of supporting evidence to help prove where someone lives for legal ...

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