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Questions Answered by Anthony J. Pietrafesa
2 Answers | Asked in Consumer Law for New York on
Q: Do you know about a case where a couple filed for divorce and jury sentence them to live together in their brownstone
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Jan 17, 2013

This must be a joke.

Nothing stops umarried, even divorced persons, from living in the same house. But no one " sentences" anyone to anything in a civil action like divorce.

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2 Answers | Asked in Divorce for New York on
Q: Can file for alimony year after divorce?

I had uncontested divorce. Only my ex had a lawyer. I did not know that I was entitled to alimony . Now I'm struggling to support myself and going to school to change career to get better job.

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Jan 17, 2013

You had to sign an separation agreement or some other provision regarding spousal support. What does it say?

If are healthy and working and the same was true when you were married, you may not qualify for spousal support.

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1 Answer | Asked in Collections for New York on
Q: How do I confirm my judgement was part of the PFAU case and ALP. Where can one see the schedule of judgements entered an
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Sep 12, 2011

You should have received notice from your judgment creditor if you were part of Pfau. You might be able to call the AG's Offic ein Buffalo (they handled it) to see if they an say you were part of it or not.

Regardless if you were part of Pfau, if ALP or " We Servie it for You" was involved...
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1 Answer | Asked in Collections for New York on
Q: If I Have one income judgement against me and am payin on it can a creaditor attempt to collect another one
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Sep 12, 2011

Any judgment creditor can file an income execution, but only one will be paid at a time. They file them to " get in line."

2 Answers | Asked in Collections for New York on
Q: I owe a collection agency, can they freeze a joint bank account I have with my wife?

NYC

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Sep 12, 2011

If they have a judgment against you, they can seek to restrain bank accounts, including those that are joint. Banks likely will honor a restraint on a joint account. Then it will be up to you to proved whose money is in the account, yours or hers. In som eparts of the state, it is presumed the... Read more »

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1 Answer | Asked in Collections for New York on
Q: What is the proper proceedure to follow when trying to collect a judgment based on a submitted Bill of Costs in New York

I was the successful party at trial (defendant - Pro-se) and have been awarded statuatory and taxable costs. Is there a proper proceedure to follow when trying to collect the judgment amount?

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Sep 12, 2011

You have to file a proper bill of costs with the Clerk, who will reduce it to a judgment. Once you get your judgment, notify the other side. If they do not pay, see your COunty Sheriff or hire a collection attorney.

1 Answer | Asked in Collections for New York on
Q: Why was a notice of Judgment entered against me in the newspaper when my lawyer got an order to show cause?

I live in NY and the order to show cause stays any collection efforts against me. It was a default judgment that was not properly served, so my lawyer is attempting to get it vacated and dismissed. She served the attorney with the signed order. Yet the notice appeared in last weeks paper!? What... Read more »

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Sep 12, 2011

The judgment is still a judgment. Lawyers don't report these things to newspapers, it gets picked up by reporters. Sorry it happened. However, more importantly, check your credit report now and in a few weeks to see if it shows up there, too. That way, if you successfully get the judgment vacated,... Read more »

1 Answer | Asked in Collections for New York on
Q: I have had two bank accounts frozen by Sharinn and Lipshie (FIA). I need the funds in this accounts desperately.

The accounts are with TD Bank and Citibank. The matter is over credit card debt that had originally been restructured. A Collection and potential Bankruptcy question.

Thank you.

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Sep 12, 2011

You can try to negotiate a settlement with them. Or you can try to fight the judgments ( if you think you have cause) by bringing an order to show cause in the courts where the judgments were entered. You may not get the money back righ taway but you could get an order staying S&L from executing on... Read more »

2 Answers | Asked in Collections for New York on
Q: I won my case in Court and got a judgment against the defendant, who did not show up to fight the case.

How long do I have to try to collect on the judgment?

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Sep 12, 2011

As stated, a money judgment is collectible over 20 years. It can also be a lien on real property owned by the defendant for 10 years. I assume you go tthis judgment in a small claims court. If so, see the Court Clerk and ask for a transcript you can docket in your County Clerk's Office. That will... Read more »

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1 Answer | Asked in Consumer Law for New York on
Q: Has a supplier the right to claim for interrest in case of late payment by the customer?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Feb 12, 2011

That will depend on the deal you had. If there is an invoice, look for a finance charge provision. If it is in an invoice or other document you signed, be aware. If you get sued, the plaintiff can claim interest in the amunt of 9%. But absent some writing or agreement, a unilateral interest charge... Read more »

1 Answer | Asked in Collections for Maryland on
Q: Can I settle a suit once I have received the letter in the mail from the court?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Feb 12, 2011

Sure. You can talk to the lawyer handling the case fo rthe creditor, but be sure you have a plan, i.e., an amount you think is fair and a payment plan you can live with.

1 Answer | Asked in Divorce for New York on
Q: If in a abusive marriage, and kids under 18, can you file for divorce, hand papers to spouse at the time you leave?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Feb 12, 2011

You, as a party, cannot serve the defendant. The process server has to be an adult ( 18+), resident of New York, and a non -party to teh lawsuit.

1 Answer | Asked in Collections for New York on
Q: How long can a collection agency try to collect a dept that was a dispute?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Feb 12, 2011

It depends by what you mean by "in dispute." If you disputed this with a credit reporting agency, it doesn't matter.

If you received a letter from a collection agency with the 15 USC 1692g validation notice in it and you disputed and asked for validation in a timely fashion, they cannot...
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1 Answer | Asked in Collections for New York on
Q: I am a debt collector. Can i personally be sued for doing my job?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Feb 12, 2011

You can be personally sued for your acts while on the job if they violate the FDCPA. So, if you get in a heated exchange on the phone with a debtor, you might have to sweat it out for a year. As you probably know, the debtor can recover actual damages and a statutory damage of up to $1000 for your... Read more »

1 Answer | Asked in Collections for New York on
Q: Is it legal to report medical debt to credit bureau in NY or Mass.?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Feb 12, 2011

Yes. A collection is a collection. What they can't do is describe the medical treatment.

2 Answers | Asked in Collections for Florida on
Q: How long are the S.O.L for reposession of an auto? What is an example of cause of last action?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Feb 12, 2011

The SOL is 4 years, per the Uniform Commercial Code measured, I would say, from the date of the sale.

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1 Answer | Asked in Collections for New York on
Q: Is my creditor allowed to put a restraining notice on my tax refunds
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Jan 24, 2011

No. A private judgment creditor cannot do that. IN other words, they can't force the governemnt to pay them instead of you. But if you owe for taxes or a student loan or other government benefit, tax refunds can be intercepted.

That being said, if one of more of your bank accounts are...
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1 Answer | Asked in Consumer Law for New York on
Q: What document does a plaintiff have to show to sue for a credit card breach of contract
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Jan 24, 2011

Generally, plaintiffs will not attach any documents to their complaint. However, at trial or in a motion, they have to show 1) that you applied for a card, 2) that a card was issued to you, 3) that you used a card, and 4) that there is a history of payments.

HOwever, contrary to a lot of...
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1 Answer | Asked in Consumer Law for New York on
Q: What's the best way to find an attorney who has already sued the same defendant in the past in Federal Court?

I would like to find attorneys who already had cases involving the same company I have a case against...

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Jan 24, 2011

PACER, the federal government case file, can give you that info at teh rate of 8 cents a page. You would do a search of cases involving the defendant in your district, then go to each one to see who the attorney was.

HOwever, if it is a bank, junk debt buyer or collection/agency/firm, I'd...
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1 Answer | Asked in Consumer Law for New York on
Q: Is a lease contract for an apartment rental exempt from a money judgement?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Jan 24, 2011

In New York, if a landlord sues you to recover the apartment, he can get a money judgment is you are served personally ( i.e., sone one hands you the petition). If you are served by substituted serves ( service on your roomate or spouse, nail n mail), they can recover the properr but will have to... Read more »

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