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  • How the Homestead Exemption Works in New York
    How the Homestead Exemption Works in New York

    The Homestead Exemption law in New York, as detailed in § 5206, safeguards a person's primary residence from being used to satisfy a monetary judgment. The government's policy in implementing the ...

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  • Can Banks Freeze LLC Accounts for Personal Judgments? | NY Legal Guide
    Can Banks Freeze LLC Accounts for Personal Judgments? | NY Legal Guide

    Can a Bank Restrain (freeze) the Bank Account of a Judgment Debtor's LLC Based on an Individual Debt? A bank's ability to restrain an LLC's account for a judgment debtor's personal debts is complex. ...

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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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  • 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 ...

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  • 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 ...

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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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