New York City Debt Collection Defense Attorney

Collection Abuse Blogs

All Posts
  • NY Confession of Judgment Update 2024: The End of Out-of-State Debtor Exploitation
    NY 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 ...

    Read More
  • Sued in New York for a Loan? How BCL § 1314 and GOL § 5-1402 Protect Out-of-State Borrowers
    Sued in New York for a Loan? How BCL § 1314 and GOL § 5-1402 Protect Out-of-State Borrowers

    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 ...

    Read More
  • Forum Selection Clauses In New York: What Out-of-State Borrowers Must Know
    Forum Selection Clauses In New York: What Out-of-State Borrowers Must Know

    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 ...

    Read More
  • Serving Out-of-State Defendants in New York: CPLR 313, 308(5), and Contractual Service Methods
    Serving Out-of-State Defendants in New York: CPLR 313, 308(5), and Contractual Service Methods

    Introduction New York commercial litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly ...

    Read More
  • Vacating a Judgment in New York? Key Case Holdings About Judicial Discretion
    Vacating a Judgment in New York? Key Case Holdings About Judicial Discretion

    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 ...

    Read More
  • 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 ...

    Read More