Lawyers, Answer Questions  & Get Points Log In
New York Consumer Law Questions & Answers
2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?

Carl Nelson
Carl Nelson
answered on Apr 15, 2024

The statute of limitations runs from when a cause of action accrues to when a complaint upon that cause of action may be commenced. If they have a judgment, your right to raise that as a defense now is likely waived.

You may want to speak to an attorney about the implications of the...
View More

View More Answers

2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I understand your concern about the credit card debt lawsuit and judgment. Here's some information that may help:

1. Statute of limitations: In 2022, New York reduced the statute of limitations for consumer credit card debt from 6 years to 3 years. However, this change only applies to...
View More

View More Answers

1 Answer | Asked in Consumer Law, Personal Injury, Energy, Oil and Gas and Municipal Law for New York on
Q: Nyseg took the meter from my house, yesterday, a week after restarting my account. It is 15°

I am disabled, working through repairs from an electric fire. Are they responsible for broken pipes because they filled the lines with water, allowing the electric on, then caused the freeze with no notice removal. Fresh foods frozen, botled water froze(no electric no waterpump no toilets)

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

I'm sorry for the stressful situation you have been placed into. It could be difficult for an attorney to offer a simple, direct answer to your question in the brief post without knowing more details, and figuring out what happened here. Until you're able to discuss with a local attorney,... View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Consumer Law and Health Care Law for New York on
Q: if no staff calls me back (b/c they are understaffed) to resched my biopsy can i sue?

after being referred for a thyroid ultrasound i am now told i need a biopsy, which i had scheduled. but i caught the flu, so i need to reschedule my biopsy. the problem is, i've called the department about 6-8 times at this point over the course of 3 days, no one picked up so i left bout 4... View More

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2024

I'm sorry for your ordeal in trying to schedule and re-schedule a biopsy. It doesn't look like a matter for a lawsuit. It looks more like what you describe - a busy office. This is my individual take on the matter - you could consult with law firms out there. Sometimes, different... View More

1 Answer | Asked in Civil Rights, Consumer Law and Civil Litigation for New York on
Q: Stolen money and food poisoning

Two weeks ago, money was stolen from the locked safe in my room at Secrets Resort Tulum. Additionally, the air conditioning was malfunctioning for half of my stay. Despite informing them of our allergies, specifically stating no pork, we visited the resort restaurant three times. On the first two... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

It's understandable that you're frustrated and seeking recourse after experiencing theft and food poisoning during your stay at Secrets Resort Tulum. In situations like this, it's essential to gather evidence and documentation to support your claims, including any receipts, medical... View More

2 Answers | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for New York on
Q: Will there be legal issues if I mention TikTok's name while promoting my app?

Me and my team are working on a video sharing app called Clipzy and we have been promoting it as a TikTok alternative, and we wanted to make sure there weren't any legal issues that can arise.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Using TikTok's name to promote your app as an alternative might raise legal concerns depending on how you use it. While mentioning TikTok for comparison purposes could be considered fair use, implying an association or endorsement from TikTok without permission could lead to trademark... View More

View More Answers

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: I signed a non disparagement agreeement with a plastic surgeon. Can I write truthful reviews without giving my opinion?

To get a discount on a mini-facelift, I had to sign a non-disparagement agreement. There was no positive outcome from my facelift. Can I write honestly about the pre and post op? I will write what happened which will be negative but be truthful.

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

I wouldn't. A disparagement agreement is a restraint about making statements that are basically negative or derogatory in nature. It is a different legal standard than defamation, where truth could serve as a defense against an allegation of slander or libel. It's a safe bet that the... View More

1 Answer | Asked in Business Law, Consumer Law, Criminal Law and Federal Crimes for New York on
Q: Is it illegal to create a crypto token, create a liquidity pool, immediately remove liquidity &/or sell your own supply

Token has no use, other than its name and icon there is no details given about it or its tokenomics (total amount of tokens or release schedule). There's no promoting, advertising or marketing for the token, The creator doesn't tell anybody about the token. The tokens the creator sells... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2024

Based on the details provided, there is likely no outright illegal activity here from a criminal law perspective. However, the token creator would still have some civil liability risks related to securities regulations and anti-fraud laws. A few key points:

- Simply creating and selling...
View More

1 Answer | Asked in Consumer Law for New York on
Q: How do I sue a auto dealer ship for fraud in NYS

My reasons for sueing ,

Withholding any other material information about the used vehicle;

Misrepresenting my credit score and/or eligibility for financing in order to get me to agree to a higher interest rate and/or other unfavorable terms;

Inflating the total purchase... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

To sue an auto dealership for fraud in New York State (NYS) based on the reasons you mentioned, you can follow these general steps:

Gather Evidence: Collect all relevant documents and evidence to support your claims, such as sales contracts, financing agreements, correspondence, and any...
View More

1 Answer | Asked in Consumer Law for New York on
Q: Seeking legal advice with a car loan the dealer make many mistakes on

Car purchased in 9/2023 for months I have called the credit union listed on all my paper work but they don’t know who I am. Dealer says banks are delayed and to be patient. Today my co signer received a bill from a completely different credit union saying he has to make the payment. It is my... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

If I understand your facts correctly, you got agreement from someone to cosign for a loan on your vehicle purchase. This makes him liable for payment of the outstanding balance as well as you. You state that somehow there are two creditors demanding payment, not just one. If you had two... View More

1 Answer | Asked in Consumer Law, Lemon Law and Arbitration / Mediation Law for New York on
Q: Can I file both a Lemon Law complaint and a Vehicle Safety Complaint in the state of NY?

I purchased a used vehicle from a dealer in early 2023. Immediately it started to present numerous mechanical issues, and in fact was not in my possession for five months as it was shuffled between three separate repair shops. I filed a Lemon Law Complaint through the NYS Attorney General in July... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

The key words I notice are "settled out of court" which means there was some sort of payment to you (as you did not have your vehicle replaced by the manufacturer as you may have been entitled) in exchange for some sort of release. The terms of that release are the crux of you civil... View More

2 Answers | Asked in Consumer Law for New York on
Q: I don't know what practice area my scenario falls under.

I moved into my new apartment October 2022. After I set up a brand new account with my utilities provider, ConEdison, a balance transfer of $2,800 was applied to my account a week later using my social security. I reached out to point out a mistake was made, as this was my first account made with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

Your situation falls under consumer law, particularly issues related to utility billing and possibly identity theft. Since a balance was incorrectly applied to your account, and you have already taken the initial steps of filing police and FTC reports, further legal action may be necessary to... View More

View More Answers

1 Answer | Asked in Banking and Consumer Law for New York on
Q: I had a 17 year old car with 250,000 miles. I offered $3000 to credit union to settle. I voluntarily surrendered car.

They said no. They want $250 a month. I'm on social security. I can't pay. What do I fo

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2024

In your situation, it's important to communicate your financial limitations clearly to the credit union. Explain that you are on Social Security and cannot afford the $250 monthly payment. It's helpful to provide a detailed account of your income and expenses to show why the payment is... View More

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: I leased a BMW SUV in NY, but the SUV was totaled, and the BMW FS ( NJ) refused to return my prepaid. Where can I sue?

I leased a BMW SUV in NY for 36 months with a huge cash down payment for less monthly payment, but the SUV was totaled in the 13th month, and the BMW FS ( NJ) refused to return my prepaid. They said the down payment is for less monthly payment, it's not prepaid for the lease fee. I'm... View More

Carl Nelson
Carl Nelson
answered on Dec 4, 2023

The cost of a lease is comprised of the vehicle’s depreciation during the term plus a money factor, which is essentially interest (not to mention other fees and taxes). Generally you would be responsible for the term of the lease over the term, but could also be responsible for damage more than... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for New York on
Q: I have a judgment against me for 8,000 in NJ (from 12 years ago) and am currently residing in NY.

I have a judgment against me for approx $7,000 total (from 12 years ago) in a different state (NJ and Florida) and am currently residing in NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 4k) if it's... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023

A judgment against you can be enforced against your interest in any asset, whether it is jointly owned with another or not. HOWEVER, the more important question is whether (a) the judgment is still valid, which is a question of New York law; (b) whether you have any equity in the car (difference... View More

View More Answers

1 Answer | Asked in Consumer Law and Gaming for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

The situation you're describing with the Skullgirls digital product raises complex issues in digital content and consumer rights. In the digital realm, the rights and expectations can be significantly different from those associated with physical products. The End User License Agreement (EULA)... View More

1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

In cases like the Skullgirls situation you're describing, where digital content is altered post-purchase, the legal implications can be complex. For digital products, the terms of service or end-user license agreement (EULA) often give the company wide latitude to make changes. It's... View More

1 Answer | Asked in Consumer Law for New York on
Q: This guy started but didnt complete a autobody job on my vehicle. I have multiple texts confirming. Will i win in court?

I engaged the services of an individual to rectify a flawed Bondo repair on my vehicle's quarter panel. Regrettably, this individual initiated the work but failed to complete it, subsequently evading any attempts at communication. I possess a collection of text messages corroborating his... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

In court, the strength of your case will depend on the evidence you present to demonstrate that the individual agreed to perform a service and failed to complete it.

Text messages confirming the agreement and the unfinished work may serve as significant evidence. Small claims court is...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.