I obtained the interest in a one member owned LLC by Charging Order. The LLC contained tens of thousands of dollars, but the the bank disregarded the Order and allowed the member to close the bank account. The Order specifically stated my interest in the money within the account. The member no... View More 
answered on Apr 23, 2023
A common charging order issued against a Bank holding funds in a bank account of a judgment debtor can render the Bank liable when it allows the account to be depleted by anyone other than the Court or without the consent of the judgment creditor -- in this case, you. I have successfully collected... View More
The client remembers signing a Retainer agreement with the attorneys law firm letterhead, the one she was given was from her to the attorney with only her signature.
answered on Apr 5, 2023
An attorney is required under the Rules of Professional Responsibility to provide a retainer agreement in almost all situations in which he will be representing her interests. However, that does not prohibit a retainer agreement that the client has drafted. However, without the signature, it seems... View More
I won this default award from ccma.
I am worried that maybe i have to claim it and i am not aware but the commissioners said i should wait for the payout date.
answered on Apr 5, 2023
The law in New York is that a party must move to confirm an Arbitration Award within one year of its issuance. That is a statute of limitations. Don't ignore that date. Unless it is confirmed, no Judgment may be entered on an Award, which makes it unenforceable.
If you believe that the... View More
Accounting firm is based and registered in PA, they did not register to do business in NY. My company is based and registered in NY and all business is conducted in NY.
answered on Mar 9, 2023
You must keep separate two concepts: the law of the state that will interpret a contract and where and whether entities are "citizens" (or, states in which they are doing business) of a particular state.
I don't have the benefit of your contract, but taking your language... View More
I moved out of my apartment before the lease ended. Was turned over to a debt collector. Kept requesting information on ownership of debt, lease, money owed, etc... Could not provided it.
Asked to stop harassing me until could provide that information. Cease and Desist letters, two of... View More
answered on Nov 28, 2022
Your question involves the statute of limitations for a debt, which in New York is six years. Therefore, without additional facts, it would appear that the action cannot proceed. However, the circumstances appear dubious since you say that you were served with some papers that appeared to be a... View More
I do work for businesses as well as individuals, and am wondering if I can pass along credit card fees to customers who want to pay with a credit card.
answered on Apr 3, 2024
This is so common that even the Courts now charge credit card fees when filing complaints or making motions. The tide has shifted.
Do i have any problems here? Or is this possible to partially own one company as another LLC ( B ) while still sharing ownership with a single individual of LLC (A)
answered on Apr 3, 2024
This type of structure is very common. But don't get involved in multiple LLC ownership levels unless you are guided by a knowledgable attorney. Taxation and control issues generally multiply exponentially.
answered on Nov 2, 2023
I would need to read the cease and desist. There can be a whole background that I don't know. I can provide an answer if you provide more information. It should not be ignored.
What forms do I file next, or do I wait for an answer? CMC is set for 3 weeks from now
I attempted a civil lawsuit but the Court dismissed it saying the Court lacks subject matter Jurisdiction to hear an action and I must use mandatory arbitration.
answered on Oct 17, 2023
I would like to view the Decision dismissing your action. I am an expert in arbitration and have handled over 100 cases. I aslso need to read the clause in the agreement and your claim against the Condominium to advise you. Arbitration can be a speedy device to resolve the issue, and an Award of an... View More
the case until get the judgment.
Thanks
answered on Sep 26, 2023
Are you collecting the debt, and, if so, how much and against whom? If you are the debtor and you brought this action under the FDCPA, then it is a different story. I would need to hear more facts to give you advice.
It’s a preliminary conference form due tomorrow
answered on Jul 26, 2023
Please send me the Index Number and the name of the opposing counsel. I can help you try to get an adjournment or with the filing of the Preliminary Conference form. David@Relkinlaw.com. 516-888-1223.
answered on May 11, 2023
If I read the complaint I would be able to give you an accurate answer. I don't know the nature of the claim or the basis on which individuals (John "Does") are named as having liability to the plaintiff. Have you not received some indication from the Officers of the Bank whether you... View More
in longer form i am wondering if my friend using his money can trade stocks based on advice that I give him and give me a split of the profit. The reason I don't know if this is legal is because my father working at a Hegde fund and therefore my ability to trade stocks is highly regulated and... View More
answered on Mar 20, 2023
This is not the kind of question that can be answered publically.
My sister and I inherited my parents’ Chapel Hill home in 2020. My sister, who resides in Chapel Hill, took care of the estate sale, and we agreed she would become sole owner of the house. When she closed the estate, she directed the estate lawyer to include my name as co-owner on the house. My... View More
answered on Mar 17, 2023
I understand your motivation. There could always be liability, not just for personal injury but real estate taxes. The easiest way is to ask for her to issue a quit claim deed. It would need to be filed as well.
A medical group with doctors as owners (PC). I am a recent shareholder, upon asking to examine the books I was denied that, stating that only managing members are allowed to see the books. The company doesn’t make distributions so I wanted to know what happens to the profits. Is that legit? What... View More
answered on Oct 11, 2022
Even in the absence of the by-laws or a shareholder agreement, which I assume you have already reviewed, the New York Business Corporation Law provides for a shareholder's right to inspect the books and records of a corporation. BCL 624 provides that any shareholder of record of a corporation... View More
answered on Oct 4, 2022
If you are asking about the Deepwater Horizon, please let me know and I can answer the question.
answered on Sep 27, 2022
I need some clarification in order to give you a meaningful answer. What do you mean by "space" (indoors, outdoors, built up?); what do you mean "without location release" (other than someone "said" it could be used but the "permission" wasn't in... View More
I'm a citizen of Florida. A Brazilian company I was a partner in was stolen by forging my signature when I was out of the country. That company is now trading on the NYSE (with my forged signature). I sued and won in Brazilian Arbitration Court under UNCITRAL treaty. The judgment was to... View More
answered on Aug 4, 2022
There are a few distinct issues involved in your inquiry: the recognition of a Brazilian Arbitration Award and the attachment of US Company assets. (In order to answer, I will of course assume all the facts you stated are true unless they are contradictory.)
Even before reaching the... View More
Service contract includes an arbitration clause, and states I must seek arbitration in South Dakota. The author is the one in breech of said contract and I live in California.
answered on Jul 25, 2022
You are asking a very common question. The question ordinarily comes up in the context of fraud, and not breach of contract. For instance, if the contract was fraudulent, is one bound by the terms of the contract, including the arbitration provision? While many believe that a contract induced by... View More
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