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  • 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 ...

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  • 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 ...

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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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  • Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit
    Access Your Exempt Bank Funds: The Essential Guide to Using the Exemption Claim Form Kit

    The Exemption Claim Form Kit An Attorney-Crafted Solution for Unfreezing Exempt Funds from Frozen Bank Accounts in New York Under New York CPLR §§ 5205, specific funds are protected from bank freezes. ...

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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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  • Citibank Fails to Show Debtor Retained Account Statements Without objection; Appeals Court Rejects its Account Stated Claim
    Citibank Fails to Show Debtor Retained Account Statements Without objection; Appeals Court Rejects its Account Stated Claim

    In a notable appellate decision, Citibank (S.D.), N.A. v. Brown-Serulovic, the Appellate Division of the New York State Supreme Court's Second Judicial Department overturned a lower court's decision ...

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