Questions Answered by Anthony J. Pietrafesa

Q: Do you know about a case where a couple filed for divorce and jury sentence them to live together in their brownstone

2 Answers | Asked in Consumer Law for New York on
Answered on Jan 17, 2013
Anthony J. Pietrafesa's answer
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.

Q: Can file for alimony year after divorce?

2 Answers | Asked in Divorce for New York on
Answered on Jan 17, 2013
Anthony J. Pietrafesa's answer
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.

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

1 Answer | Asked in Collections for New York on
Answered on Sep 12, 2011
Anthony J. Pietrafesa's answer
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 in the service of process against you, you may have grounds to contest teh validity of the judgment. Don't wait! Get a copy of the papers from the court and see a consumer lawyer

Q: If I Have one income judgement against me and am payin on it can a creaditor attempt to collect another one

1 Answer | Asked in Collections for New York on
Answered on Sep 12, 2011
Anthony J. Pietrafesa's answer
Any judgment creditor can file an income execution, but only one will be paid at a time. They file them to " get in line."

Q: I owe a collection agency, can they freeze a joint bank account I have with my wife?

2 Answers | Asked in Collections for New York on
Answered on Sep 12, 2011
Anthony J. Pietrafesa's answer
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 money is owned 50-50.

Q: What is the proper proceedure to follow when trying to collect a judgment based on a submitted Bill of Costs in New York

1 Answer | Asked in Collections for New York on
Answered on Sep 12, 2011
Anthony J. Pietrafesa's answer
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.

Q: Why was a notice of Judgment entered against me in the newspaper when my lawyer got an order to show cause?

1 Answer | Asked in Collections for New York on
Answered on Sep 12, 2011
Anthony J. Pietrafesa's answer
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, you can take that order and have the judgment removed from your credit report before it can do real damage.

Q: I have had two bank accounts frozen by Sharinn and Lipshie (FIA). I need the funds in this accounts desperately.

1 Answer | Asked in Collections for New York on
Answered on Sep 12, 2011
Anthony J. Pietrafesa's answer
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 the bank accounts.

Q: I won my case in Court and got a judgment against the defendant, who did not show up to fight the case.

2 Answers | Asked in Collections for New York on
Answered on Sep 12, 2011
Anthony J. Pietrafesa's answer
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 make it a lien on real property. If you think the defendant has property or works in another county, get the County Clerk to give you trasncripts so you can file them in other counties. If I recall,...

Q: Has a supplier the right to claim for interrest in case of late payment by the customer?

1 Answer | Asked in Consumer Law for New York on
Answered on Feb 12, 2011
Anthony J. Pietrafesa's answer
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 will not be effective.

Q: Can I settle a suit once I have received the letter in the mail from the court?

1 Answer | Asked in Collections for Maryland on
Answered on Feb 12, 2011
Anthony J. Pietrafesa's answer
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.

Q: If in a abusive marriage, and kids under 18, can you file for divorce, hand papers to spouse at the time you leave?

1 Answer | Asked in Divorce for New York on
Answered on Feb 12, 2011
Anthony J. Pietrafesa's answer
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.

Q: How long can a collection agency try to collect a dept that was a dispute?

1 Answer | Asked in Collections for New York on
Answered on Feb 12, 2011
Anthony J. Pietrafesa's answer
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 try to collect from you until they answer the validation request. If they do not honor that, you could sue them under the FDCPA for actual damages, statutory damages and attorney's fees.

Q: I am a debt collector. Can i personally be sued for doing my job?

1 Answer | Asked in Collections for New York on
Answered on Feb 12, 2011
Anthony J. Pietrafesa's answer
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 violation, pluse attorney fees. IN a situaten where you and your employer are sued, you each may be liable for a statutory damage and fees.

Q: Is it legal to report medical debt to credit bureau in NY or Mass.?

1 Answer | Asked in Collections for New York on
Answered on Feb 12, 2011
Anthony J. Pietrafesa's answer
Yes. A collection is a collection. What they can't do is describe the medical treatment.

Q: How long are the S.O.L for reposession of an auto? What is an example of cause of last action?

2 Answers | Asked in Collections for Florida on
Answered on Feb 12, 2011
Anthony J. Pietrafesa's answer
The SOL is 4 years, per the Uniform Commercial Code measured, I would say, from the date of the sale.

Q: Is my creditor allowed to put a restraining notice on my tax refunds

1 Answer | Asked in Collections for New York on
Answered on Jan 24, 2011
Anthony J. Pietrafesa's answer
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 subject to a restraint ( which lasts 1 year), do not deposit a refund check in the account or have it deposited there, or it will be subject to the restraint on the account.

Q: What document does a plaintiff have to show to sue for a credit card breach of contract

1 Answer | Asked in Consumer Law for New York on
Answered on Jan 24, 2011
Anthony J. Pietrafesa's answer
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 internet jabberwocky, a creditor does not have to come up iwth an application with your signature on it. Many times it is sufficient if they can produce statements with your name and address and a...

Q: What's the best way to find an attorney who has already sued the same defendant in the past in Federal Court?

1 Answer | Asked in Consumer Law for New York on
Answered on Jan 24, 2011
Anthony J. Pietrafesa's answer
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 look to the National Association of COnsumer Advocates, a legal group of plaintiff's attorneys, to see if a qualified member is on your area.

Q: Is a lease contract for an apartment rental exempt from a money judgement?

1 Answer | Asked in Consumer Law for New York on
Answered on Jan 24, 2011
Anthony J. Pietrafesa's answer
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 sue you for rent in another , later action

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