Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Anthony J. Pietrafesa
1 Answer | Asked in Consumer Law for New York on
Q: If I do not pay on a vacation club contract executed in Mexico, and the company is American, will my wages be garnished?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Dec 9, 2010

They will have to come sue you in New York. If so, you'll be able to defend the lawsuit. Only if they get a judgment will they be able to garnish your wages.

1 Answer | Asked in Consumer Law for Georgia on
Q: How do I go about fixing my credit score that went from the 760 range to 690's because of the Home Modification Program?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Dec 9, 2010

Frankly, I wouldn't worry about it. 690 is above the national average. And assuming you are current with all your obligations and make your payments under the mod, your score should inch back up in the next 6-9 months.

1 Answer | Asked in Divorce for New York on
Q: How much cost divorce problems per hour
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Dec 2, 2010

Depends where you live and how complicated and/or messy your situation is. A lot of divorce attorneys charge $200-350 an hour. Mediation costs less. Most matrimonial lawyers will expect a hefty retainer. Mediators will too, though many will let you pay as you go

1 Answer | Asked in Divorce for New York on
Q: After 18years of Marriage my husband wants a divorce we have 1 child & a house what kind of leg do i stand on
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Dec 2, 2010

Hopefully, you will stand on both your legs.

In NYS, you would be entitled to child support. You might be able to get spousal support ( alimony), depending on your own work and educational situation.

NYS is an equitable distribution state, meaning the split doesn't have to be 50-50....
Read more »

1 Answer | Asked in Consumer Law for Colorado on
Q: If I move to a state that allows wage garnishment for debts, can I be made to pay old debts that are against my credit?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Dec 2, 2010

That depends. Say you move from Texas to Colorado. There are judgments against you in texas. The creditor could seek to have the Texas judgment "domesticated" , that is, turned into a Colorado judgment. They have to apply to a Colorado court fo rthis and you should get notice of it. Whether or not... Read more »

1 Answer | Asked in Contracts for New York on
Q: I have a contract on a property, and since then it has been vandalized. Is the owner obligated to compensate me.

It does say "as is" on the contract, but it is now different from when I first went into contract. It does quote Sec. 5-1311 of the General Obligations Law. Can I be compensated, possibly price change amendment.

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 29, 2010

You will see GOL 5-1311 deals with the situation, depending on the severity of the damage. You may be able to argue a price reduction, but see if there is insurance covereage. You may want to demand the seller fix it: he may actually improve it for you. I had clients once who contracted to buy a... Read more »

1 Answer | Asked in Divorce for New York on
Q: WHERE CAN I FIND THE " NO FAULT DIVORCE FORMS FOR NEW YORK STATE. THE DRL 170(7) IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP

I TRIED THE SUPREME COURT LIBRARY, BUT THEY DO NOT HAVE IT IN PRINT YET. THEY GAVE ME A WEB ADDRESS, BUT THEY DO NOT HAVE IT IN THERE EITHER. PLEASE HELP ME. THANKS.

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 29, 2010

It should be in the NYS OCA website library of forms.

Remember, though, you must prove more than a simple 6-month breakdown. You also have to show the Court you have agreed to the fundamental issues ( distribution of assets and debt, custody, child support, etc). And this is best done in a...
Read more »

1 Answer | Asked in Business Law for New York on
Q: How can I find out who owned a particular LLC in New York as of October of 2007?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 29, 2010

From the NYS DOS website:

The Department of State does not require or maintain information regarding the names and addresses of officers or directors of corporations, the members or managers of a limited liability company, the limited partners of a limited partnership or the partners in a...
Read more »

1 Answer | Asked in Collections for Colorado on
Q: A debt collector contacted me regarding a old credit card debt from 1998. Can he take me to court for this?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 29, 2010

Yes, he could, unless Colorado has a specific prohibition against suing on time-barred debts. You would answer and raie a defense. Also, suing you or threatening to sue you on a time barred debt violates the FDCPA. Talk to a knowledgeable consumer lawyer in your area about your rights.

1 Answer | Asked in Consumer Law for Utah on
Q: What is the definition of an open account?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 29, 2010

From TeachMeFinance.com:

Open Account -- Credit extended that is not supported by a note, mortgage, or other formal written evidence of indebtedness.

historic definition...

Open account -- Same as running account, although the term open account is usually employed. In trade...
Read more »

1 Answer | Asked in Consumer Law for Georgia on
Q: I'm a little confused. Is it legal for a third party to buy and try to collect a debt (4 x's ) the original amount owed

1.Not the original creditor (Midland funding bought it)

2.May have been charged off by original creditor

3.Midland is sueing for 4x the original debt ie. (Fees)

4.Can the FDCAP help after a lawsuite is filed.

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 28, 2010

It is legal for a third party to buy the account an ask for whatever was owed under the contract. Think about how old this account is. If it was a credit card with a 25% interest rate, adn it went unpaid for 3 years, the amount the card company says it si owed would be the principal x 1.75. You can... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: What is the normal percentage an attorney gets in a class-action lawsuit?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 20, 2010

In a class action, the court will fix the attorney's fees, usually based on the hours spent and a reasonable hourly rate.

2 Answers | Asked in Collections for Pennsylvania on
Q: My nephew stole my credit card, and charged over $3,337 in my name (I can't say what he bought). He hurt my credit.

Will the credit card company have to excuse my not paying for what he stole and charged?

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 20, 2010

Did you file a frad affidavit? You can find one at the FTC website.

Under the FCBA, you should dispute teh charges he made on your credit card to the issuer within 60 days of the statement on which they appear.

Both should protect you.

View More Answers

1 Answer | Asked in Collections for New York on
Q: I was sent a letter from the city marshall of ny saying they are going to garnish me but they wont tell me who the origi

Original creditor is i want to verify if this is my account i called the number and could not get an answer from the secretary what can i do to find out who is garnishing me or how i can stop them?

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 19, 2010

The income execution will tell you who sued you, what court, when the judgment was entered. Go to that court clerk and pull your file. You can call the lawyer who issued it, they should be able to tell you, but you will want the file to assure yourself of what their claim is all about.

1 Answer | Asked in Collections for Alabama on
Q: Do I have any chance of winning a case against a collection agency that refuses to listen?

I received a bill from a collection agency, when I went to the place that I supposedly owed money to, they said they couldn't even find that I owed anything. I faxed copies of everything I have showing I don't owe anything to anyone to the collection agency and the place sending me to collections.... Read more »

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 18, 2010

They may be violating the Fair Debt Collection Practices Act as well as the Fair Credit Reporting Act. Seek out an attorney who belongs to the National Association of Consumer Advocates to get more particular advice. There are some good ones in Alabama

1 Answer | Asked in Business Law for New York on
Q: Must an interior designer be licensed in New York ?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 18, 2010

There is a profession in tne NYS Education Law Title 161 regarding " Certified Interior Designers" My understanding is that you must have the certification or work under one with a certification in order to perform as an interior designer. Cities and counties may have their own requirements. Check... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: I am refusing, as a Landlord to offer the tenant a lease renewal. What are my disadvantages?

The Lease for the apartmeny expired 2 months ago and because of her rent arrears and the unsanitary conditions of the apartment, I am not offering her a new lease.

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 18, 2010

The disadvantages are you will have to go through the process of having her removed, which means notice then off to court. The tenant naturally could claim wyou are being dsicriminatory. Take pictures, have witnesses, paper the trail

1 Answer | Asked in Civil Litigation for New York on
Q: Can someone explain to me the Conley v. Gibson case and its consequences on frivolous litigations?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 18, 2010

Conley v Gibson was overturned a few years ago. It dealt with the standard use by federal court judges to determine whether a complaint states a cause of action under Rule 12(b)(6) in the federal court. It has nothing directly to do with frivolity, but whether the plaintiff has stated a legally... Read more »

1 Answer | Asked in Contracts for New York on
Q: I loan a friend $15,400.00 and told him that I wanted half the money back.I need to know what can I do about this.
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 18, 2010

I hope you had him sign a promissory note. If note, see if you can do so now. "I should say I owe you X, with interest, payable as follows...."

If you can't get him t sign, or he becomes evasive, think about starting an action. There are subtle ways to do this, i.e., without the sheriff...
Read more »

1 Answer | Asked in Bankruptcy for New York on
Q: I am in danger of being foreclosed on my home & I have 2 liens against my house. Should I file bankruptcy to save house?

My mortgage company said I need to satisfy the liens before they can even consider a modification. It totals about $6,000 but I don't have that kind of money right now. I am permanently disabled & my husband had lost his job in June of 2009 & is still trying to find another.I have been fighting... Read more »

Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 18, 2010

Chap 13 will freeze all the debts and you can tote them up and pay a percentage off ove 3-5 years. And based on your income situation, you might qualify for a Chap 7. Howver, under a 13, you have to pay off the arrears AND stay current on your mortgage. If you are having a hard time doing that, a... Read 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.