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answered on Feb 7, 2025
Different states have different limits on what constitutes usury, a crime, for charging more than the limit. In NYS it is 16% I believe. So how come your car loan is so expensive? There are several legal workarounds that corporations use, including one that allows the charging of excessive... View More

answered on Feb 7, 2025
Improper service defeats the jurisdiction of the court, so the defendant must be reserved within the statutory time period. If it is "improperly written" then that is a defense seeking dismissal for a defective accusatory instrument made after the case is properly within the... View More
At my work we have a progressive discipline policy,, so I was recently moved from one manager to another, and a week after I was being questioned for fraternization, because I had a case with someone I knew, now there wasn’t any special treatment or anything, but during the meetings about this my... View More

answered on Feb 7, 2025
If you are not protected by contract, then you are an employee at will and can be fired. However, if you can prove that the overriding reason is that you are a felon, you may or may not have an action as the Executive Law may have been violated. Consult local counsel.
I've put in claims and they are denied. Basically I can't be reimbursed is what I'm told. Is this true? The error was on their end. I didn't go the any ATM. It was the actual banks' ATM.

answered on Feb 7, 2025
Interesting question. If you can PROVE that you received the phony money from the ATM, you may have a lawsuit for negligence against the bank which should be expert at spotting a phony bill, even a $20 one. You don't mention the amount, but I assume it wasn't more than a few hundered... View More
I visited a mall in Queens, NY on 08-04-20. To open the doors of the mall I used my foot to press the handicap door opener button. In the elevator I pressed the button for the floor of Target. A male janitor appeared in front of the elevator & stuck a broom he had into the elevator activating... View More

answered on Feb 7, 2025
Record retention statutes typcially apply to certain businesses and its records or practices, and vary in application and duration. For example, hospitals are required to keep certain records for a fixed periof of time because these are medical records. You want to obtain records of a complaint... View More
I am a non-US citizen. I own a condo in NYC which is not my primary residence. I want to transfer this condo into my revocable living trust (domestic). My attorney filled out form TP584 as a conveyance without consideration. Therefore, no transfer tax is due. At the end of this form, it states that... View More

answered on Feb 7, 2025
A revocable trust's assets are still your tax responsiblity, e.g. property taxes, because it is revocable. The form you are filing suggests you are getting income from the property and that is taxable. If you have no confidence in your atorney, you should obtain another one. Do so or take... View More

answered on Feb 7, 2025
Regardless of relationship, the landlord typically has someone or all of you severally obligated by written lease to pay the rent. How you get it together is up to you and your room mates. If you default, the people on the lease get sued.
I was overcharged $2000 in one 3-week period and have been paying for child care my daughters whole life, despite her not having received child care for years. I now have judgements I’m paying and feel I’ve been misrepresented by my lawyers. My last lawyer had me sign a document stating that my... View More

answered on Feb 7, 2025
To be found as wilfully refusing to pay child support, especially by admission, means you repeatedly and unjustifiably were not paying your full child support. You may file for changed circumstances and get the support amount reduced if you are successful, but that will only apply to future... View More
The assault prevented me from doing the job that I was going to that day. I have witnesses, from store, employees and the person who was doing the job with me.The store also has a video of the attack. He hit me in the face with a can of primer which split my nose open. He has been saying slanderous... View More

answered on Feb 7, 2025
This is an intentional tort with a one year statute of limitations, so suit must be commenced within that period from the date of wrongdoing. Unless you have a permanent injury the value of the case may be significantly low. Slander has different types of damages with different evidentiary... View More
He won’t answer anything. Failed me on trial. Spoke to me once in 7 months. The kids attorney is appointed as well. She is bias and ruining my kids. She hasn’t done one thing in the best interest of the kids. My ex continues to harass and abuse me asked for an order of protection my attorney... View More

answered on Feb 7, 2025
The law provides that up to your full attorney fees could be paid by your spouse if she is sufficiently "monied" to do so in the discretion of the court. I am not sure how you got appointed counsel on a divorce, but absent your hiring one you like, you can represent yourself or raise the... View More
Twenty-six years ago, I was in a relationship with a woman who claimed she was pregnant with my child. When I requested a DNA test to confirm paternity, she became furious and refused to cooperate. Now, twenty-five years later, my daughter has reached out to me, saying her mother told her I am her... View More

answered on Feb 7, 2025
I infer the mother never started a child support action against you, so no support order, much less arrears, was ever put in place. It is highly unlikely that the child, now an adult, can request child support from a court. I cannot think of an exception, but to be sure, contact a local family... View More

answered on Feb 7, 2025
According to Publication 525 (2024), Taxable and Nontaxable Income, property one receives as a gift isn't included in his income. However, if property you receive this way later produces income such as interest, dividends, or rents, that income is taxable to you. The obligation to the donor... View More
The contractor has done half the work and has received half the payment. For three months, he has said he will return and has given me a date on four occasions, but never showed. He gave me an excuse the first time, but never communicated why since then.

answered on Feb 7, 2025
You can sue in small claims or town or city court, depending upon the jurisdiction and amount. Once you are successful if you prove your case, you will probably chase your tail trying to get paid on the judgment unless you can garnish his earnings Often, contractors who take your money and... View More
My boyfriend begging him to bring back my $24,000. The next morning I brought my withdrawal receipt and my bank statement showing the $24,000 withdrawal earlier in the day he was arrested. I wasn’t able to get my money yet because now they will have to prove that money was actually mine after... View More

answered on Feb 7, 2025
I infer that your beau was arrested for a drug possesion/sale charge(s) and that the money was confiscated as proceeds. It will be up to the prosecutor based upon the evidence assembled to dissuade him/her from proceeding with a forfeiture proceedig. Prosecutors have a vest interest in... View More
i have also call police and complain and i have police report how to kick out tenant immd out

answered on Feb 7, 2025
If the tenant declines to move out after receiving the legally required notice timely, you cannot get rid of her without starting an eviction proceeding. Be prepared for delays, as the NYS landlord-tenant law was revised to make it more difficult to remove the tenant who is resisting. Make sure... View More
Back in may my son’s father was on probation for a gun and we had a no contact order I went to where he resides and there was a girl so I went in and put my hands on him and he pushed me out I called the police out of spite and he was brought to jail for violation of probation and violation of OP... View More

answered on Jan 9, 2025
If you gave a statement or testimony under oath and wish to recant that testimony, it may be accepted or rejected. Your recantation may be requested in sworn form. In both instances, your false written or false sworn testimony is a crime, and I have seen someone in your position prosecuted for... View More
I'm tired of my husband screaming at everyday all day and arguing with me none stop

answered on Jan 9, 2025
If you are indigent, local legal clinics and legal aid societies may assist you, but they are swamped. If you are able to get an uncontested divorce, you could opt to do it yourself, as all the paperwork is on-line via the Office of Court Administration website. Also, you may call the local bar... View More
Does the hospital and your patient portal only hold your records for 5 years? How do you retrieve your records after that?

answered on Jan 9, 2025
NYS requires 6 yea retention of patient reocrds:
(4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at... View More
"In the past ten (10) years, have you ever been convicted of a crime involving a felony, misdemeanor, infraction, or violation of any law? Please exclude all traffic violations."
My friend was convicted of § 240.20 Disorderly conduct in NY in 2018. After one year, they were told... View More

answered on Jan 8, 2025
This is a tricky area when discussing job applications requesting information of past convictions. You state that the Disorderly Conduct violation conviction was sealed [that should be confirmed with the court to make sure it was done]. The Legal Action Center in NYC advises what to do in the... View More

answered on Jan 8, 2025
You are presumably not a grandparent of the child. It is unknown who has custody of the child now. If you, as a non-parent were actually eligible for "joint custody" with a parent, that would have to be sanctionedy by a superior court, such as Family Court. It is also not known what it... View More
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