Co-signer liability Blogs

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 ...

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 ...

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 ...

For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. From service of post-judgment notices to defenses in usury, courts ...

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 ...

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. ...