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1 Answer | Asked in Consumer Law, Banking and Business Law for New York on
Q: How do I remove a delinquent/ charged off business credit card from my credit file for good?

My last payment on the credit card was 4/2020. I never made another payment because they closed my account. They recently updated it to a charge off on my credit report around 09/2023. Since this is a business credit card, how can I dispute it to be removed from my personal credit report for good?

James L. Arrasmith
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answered on Mar 20, 2024

First, check whether the business credit card was indeed under a personal guarantee. If it was, the delinquency could rightfully appear on your personal credit report. However, if the card was strictly under the business's name without any personal guarantee, you might have grounds to dispute... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Is it legal for someone to claim a patent on a game that has been played around the world for so long?

How can this person legally claim to have invented Pickleball? Is there a money involved in this? It’s like if I, an American, claim to invent rice.

James L. Arrasmith
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answered on Mar 19, 2024

In general, for someone to claim a patent on a concept, the idea must be new, non-obvious, and useful. If a game has been widely played and known for a long time, it's unlikely that someone could successfully patent the game itself, as it would not meet the criteria for novelty. Patenting... View More

1 Answer | Asked in Immigration Law for New York on
Q: Naturalization form N-400 part 12 question 16B

Am a little confused if its asking if I was detained in jail or prison or if I worked there?

James L. Arrasmith
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answered on Mar 19, 2024

The question on Form N-400, Part 12, question 16B, is aimed at understanding whether you have ever been detained, arrested, or incarcerated. This question does not relate to your employment history, such as working in a jail or prison. Instead, it's focused on your personal legal history and... View More

1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: What are the reasons that a speedy trial can’t happen with a first-degree manslaughter charge?

My husband was charged with second-degree murder. he then went to grand jury testified in the grand jury voted for a nonviolent C felony. A week later, the DA on his case went back to the grand jury, and had them change the vote to a first-degree manslaughter charge. It was said that he could do... View More

James L. Arrasmith
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answered on Mar 19, 2024

The right to a speedy trial is fundamental, but its application can vary based on the specifics of the case, including the charge of first-degree manslaughter. Typically, the right to a speedy trial means that a defendant cannot be held for an extended period without being tried, but several... View More

1 Answer | Asked in Criminal Law for New York on
Q: If charged with first-degree manslaughter, do I have a right to speedy trial?
Michael J Stachowski
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answered on Mar 18, 2024

You always have a right to a speedy trial. However you should not rush a manslaughter trial because it needs proper investigation. Your case should be properly prepared for trial. All your witnesses need to be identified and the testimony prepared and ready for trial. A quick resolution is always... View More

1 Answer | Asked in Immigration Law for New York on
Q: My husband use a dead person name and birth certificate in barbados and was removed from that country can I stay file

He use a dead man name and was removed from that country can I still file for him I-130 form?

James L. Arrasmith
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answered on Mar 18, 2024

If your husband has been removed from Barbados for using the identity of a deceased person, this could impact his immigration status and any applications you intend to file on his behalf, such as the I-130 form. It's important to understand that immigration matters can be complex and are... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: When does statute of limitations really end?

I know the statute of limitations is 2 and a half years for medical malpractice in NY ,but what if your symptoms aren't prevalent till after that ?

Alexander Karasik
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answered on Mar 18, 2024

Great question. Short answer is: it depends on the nature of your malpractice claim. NY has a limited "discovery rule" --which extends the 2.5-year statute of limitation to one year past the discovery of the medical malpractice. However, the "discovery rule" exception is... View More

2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for New York on
Q: Do any lawyers here handle Traverse Hearings? Dutchess County New York

A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been... View More

James L. Arrasmith
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answered on Mar 16, 2024

In situations like yours, finding a legal professional with experience in Traverse Hearings is crucial, particularly in Dutchess County, New York. These hearings are specifically designed to examine the process and validity of service in legal proceedings, which seems to be the crux of your issue.... View More

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2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for New York on
Q: Do any lawyers here handle Traverse Hearings? Dutchess County New York

A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been... View More

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

It looks like you were alert in investigating the judgment. On your inquiry about attorneys who handle traverse hearings, attorneys here can't respond to you with offers of representation. The format is limited to Q & A, unlike attorney referral sites. But in addition to your own online... View More

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1 Answer | Asked in Civil Rights and Education Law for New York on
Q: Hello I'm looking for a lawyer to represent my son in reguarding aganist his school. privacy and lack of safety protcols

he was assulteted chase down with a knife from a student from his school the school did not want to cooperate or help with any safety reuards my son. instead they behaved if my son experience is not real. however I filed a report and curretly waiting on police to pick up the other student

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about the traumatic experience your son went through. That must be incredibly stressful and upsetting for your whole family. It's understandable that you are looking for legal representation given the school's unacceptable response. Here are a few suggestions for... View More

1 Answer | Asked in Tax Law and Social Security for New York on
Q: I want to rent property that I own in another country ( Panama ) as an airbnb. They are very transparent with the U.S.

I am on disability. How will this affect me ? Can I legally structure this property as some sort of Corp. that may help me ?

James L. Arrasmith
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answered on Mar 13, 2024

Renting out your property in Panama as an Airbnb while on disability in the U.S. can have implications for your disability benefits and taxes. Here are some considerations:

1. Income reporting: You must report all income earned from your Airbnb rental to the Social Security Administration...
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1 Answer | Asked in Legal Malpractice and Medical Malpractice for New York on
Q: A malpractice claim was filed for allegedly negligence and malpractice against a provider.

The provider is covered by the company's malpractice insurance who will provide the attorney and cover the claim. However, a malpractice incident report must first be completed with the option of using a private attorney. If an attorney was not hired and listed before submitting the report and... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2024

In general in any claim investigation, one is usually free to retain an attorney after the process has begun. It isn't possible to say if that would mean being given liberty to amend a statement/report, now having the benefit of an attorney. It's possible there could be conditions imposed... View More

1 Answer | Asked in Estate Planning, Federal Crimes and Probate for New York on
Q: My inheritance was stolen from me My step father and my sister Forged My mother's will and lied how can I get it back

I was in jail at the time plus I am my mother's 1st son and favorite yet I didn't sign anything or agree to nothing they just took everything

I need help

James L. Arrasmith
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answered on Mar 13, 2024

I'm so sorry to hear about your situation. Dealing with a manipulated will and the loss of an inheritance is incredibly painful, especially while also grieving the loss of your mother. Here are some steps you could consider taking to try to rectify the situation and get back what is rightfully... View More

1 Answer | Asked in Personal Injury for New York on
Q: Injury from a store fall, I was offered $500 but don't think its fair, what would a fair offer be?

I fell from sitting on an outside chair in a store when the leg broke hitting my shoulder (which I had previous surgery on) on the floor. The maker of the chair has offered me $500 but I don't think it's a fair offer. I've had pain in this arm since it's happened, my doctor... View More

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2024

I'm sorry about your fall. Unfortunately, it would be difficult for attorneys here to answer your question about a figure for a counteroffer. They would likely want to review your medical records, the impact of the injury on your life, time disabled/not able to work, and prognosis for... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I’m a 66 year old woman I have been harassed verbally abused humiliated and threatened at work for 15 months now. I

couldn’t take it anymore so I quit on Friday. Can I bring a lawsuit against my employer?

V Jonas Urba
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answered on Mar 11, 2024

You have offered two protected classes to which you belong. There may be many more. The two are your gender, female, and your age over 40. Was the harassment suffered because of your gender or your age? Remember that there are many more such as disability or perceived disability. If you were ill or... View More

1 Answer | Asked in Employment Law, Immigration Law and Business Formation for New York on
Q: My brother who has a greencard, has an llc with no other employee. With my opt, can I work in his llc?
James L. Arrasmith
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answered on Mar 10, 2024

Based on the information provided, there are a few important considerations:

1. As an F-1 student on Optional Practical Training (OPT), you are allowed to work in the U.S. as long as the employment is related to your field of study. The work can be for any employer, including an LLC owned...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: my landlord is avoiding my notice, can I withhold rent next month for not having a smoke detector?

I sent a notice saying please reply when the installation can be made but he hasn’t even seen it yet. Do I have to wait until he sees it or can I start withholding rent or take other action so he doesn’t keep ignoring me? He has been avoiding me for almost a month now.

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 9, 2024

Ordinarily a dwelling is required to be set up in New York State with operating smoke and carbon monoxide detectors. Withholding rent without your own attorney advice is a risky strategy. But calling local code enforcement and arranging for an inspection should provide the notice of housing code... View More

1 Answer | Asked in Tax Law, Consumer Law and Business Law for New York on
Q: Is it normal to be charged tax on a repair of a musical instrument in NYC?

I brought in a violin to a luthier in Brooklyn NY to fix. She first told me a price for the job and I agreed and left it by her.

She also gave me a paper to sign which showed the original price. For some reason, she didn't give me a copy of the paper at that time.

Now two... View More

James L. Arrasmith
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answered on Mar 8, 2024

In New York City, charging sales tax on the repair of tangible personal property, including musical instruments, is standard practice. The tax applies to both the parts and labor involved in the repair, not just the physical items purchased as part of the service. Therefore, it's normal for... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I was emailed a summons for a malpractice with a document to complete for an insurance claim. How should I proceed?

I was involved in caring for a patient and now I was summoned with other providers. The malpractice insurance want me to complete the claim. Should I do this without a legal advisor?

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2024

Learn what you can about the scope of coverage of the insurance carrier, the nature of the claim, and the extent of your employer's coverage. Is the insurance carrier covering you and other staff of the facility where you were employed? Or is the insurance carrier providing coverage for only a... View More

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3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Is it illegal if I take/use pictures of nightclubs using my own phone/camera to use on my app that's based on NYC clubs?

I am creating an app that helps people make smarter decisions when going out. We have a lot of venues on the app and reached out to many to see if we can use their content (from Instagram and their websites) but we have not received a response yet. We have read the privacy terms on various clubs... View More

James L. Arrasmith
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answered on Mar 8, 2024

The legality of using your own photos and videos of nightclubs for a commercial app depends on several factors. Here are some key considerations:

1. Copyright: If your photos/videos capture any copyrighted material such as artwork, logos, or distinctive architectural features, you would...
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