When i got accepted to college and i asked my dad for my college fund he told me no. What can i do? (The divorce papers have account numbers of the fund)
answered on Nov 2, 2023
He said "no" or he said he didn't set up the account? College funds are generally trust funds controlled by the Trustee who generally provides in the Trust fund document that he has discretion. That would prove a difficulty especially since you don't want to antagonize him.... View More 
Of my insinuated self through the Kardashian -Jenner family and the Ozboure's family on TV shows and CNN etc. How do I find out if such contracts exists
answered on Nov 1, 2023
You should retain counsel to demand copies of all contracts. You have your suspicions about fraud and you should discuss the facts underlying these suspicions with counsel. Your prior contracts should be provided to counsel to review to identify to whom such demands should be made.
I did not pay after the second install because the floors are still uneven, wavy and buckling income areas. I reached out to them again and they said the floors will have to be reinstalled. I was just told my account will go into collections if I don't pay them. I wrote to them twice for a... View More
answered on Oct 19, 2023
You have posted your question in Arbitration so I assume you have some basis for believing that there is an agreement to arbitrate in the contract. Go to the Chad site and see what it provides regarding disputes. Perhaps it provides for arbitration. They are required to provide you with a copy of... View More
They have a registered agent. Can I send a demand letter to them. I want to see if they are willing to settle before I sue them.
answered on Sep 28, 2023
When any entity applies to do business in a State it must designate how it may be served by providing a registered agent for such purpose. You say you are hopeful of a possible settlement and ask whether you may send an initial demand to such a registered agent for the entity. The answer is yes... View More
He was a resident of South Carolina but his bank accounts were at a large National Bank office in California. My wife in South Carolina was the sole heir with ownership of the accounts and in July 2022 she received a call from an individual in New York purporting to be with the National Bank... View More
answered on Aug 16, 2023
You say that your wife spoke to a National Bank in New York. Then you say that the fraud was perpetrated by someone in Louisiana. I think that you need an attorney to handle this in New York. I don't know the amount of the fraud, but if it is over $25,000 then the case would be brought in the... View More
He paid for a good amount of the trip, but at the time had offered and was okay with everything. We were apart of a non profit org together, and after we removed him from the board for sexual misconduct (against me) hes retaliated. Hes sent me an invoice for our trip of over 1200 dollars. Am i... View More
answered on Jul 26, 2023
This is like a question on a bar exam. The question is what was the agreement at the time the money was expended, not at a later time. Therefore, since the expenses were a "gift" at the time they were incurred, that is, there was no intent at that time to ask for reimbursement, the... View More
With Arbitration complete, Defendants file Petition to Confirm Contractual Arbitration Award while Plaintiff files to Vacate - do both parties still need to respond to each others Petition in addition to each submitting their own?
And, please, is there a reference available on Section... View More
answered on May 23, 2023
Cross-Petitions to Confirm and Vacate do need to respond to the extent possible, to the claims of the other party. The burden is on the party seeking to vacate, therefore, in addition to demonstrating (in the Petition to Vacate) the grounds for vacatur, the allegations of the Petition to Confirm... View More
I’m wondering if I need to respond or if I just leave it alone. When I resigned from my position my previous employer responded with retaliation and harassment. Now I’m receiving a letter. I’m not sure what to do.
answered on May 18, 2023
As hard as it may sound, ignoring the letter is the wrong decision. I am not saying that you need to shoot off a letter to the author. I am saying never disregard such a letter. It must be analyzed. What is the motive, what are your risks? You have not provided the substance of the letter, but it... View More
If one party wants to confirm and they file a Petition and the Plaintiff wants to Vacate the Contractual Arbitration Award, can both parties file a petition? And how long do they have since I've found answers that claim 100 days and now I see 10 days which means I am late. Do I have to respond... View More
answered on May 18, 2023
Let me unpack your question since there are a few parts. First, I understand that the opposing party has filed a Petition/Motion to confirm the Award and you want to vacate the Petition. Yes, you file in the same case (which is brought to confirm) in order to vacate the Award. The law is that, if a... View More
I obtained the interest in a one member owned LLC by Charging Order. The LLC contained tens of thousands of dollars, but the the bank disregarded the Order and allowed the member to close the bank account. The Order specifically stated my interest in the money within the account. The member no... View More
answered on Apr 23, 2023
A common charging order issued against a Bank holding funds in a bank account of a judgment debtor can render the Bank liable when it allows the account to be depleted by anyone other than the Court or without the consent of the judgment creditor -- in this case, you. I have successfully collected... View More
The client remembers signing a Retainer agreement with the attorneys law firm letterhead, the one she was given was from her to the attorney with only her signature.
answered on Apr 5, 2023
An attorney is required under the Rules of Professional Responsibility to provide a retainer agreement in almost all situations in which he will be representing her interests. However, that does not prohibit a retainer agreement that the client has drafted. However, without the signature, it seems... View More
I won this default award from ccma.
I am worried that maybe i have to claim it and i am not aware but the commissioners said i should wait for the payout date.
answered on Apr 5, 2023
The law in New York is that a party must move to confirm an Arbitration Award within one year of its issuance. That is a statute of limitations. Don't ignore that date. Unless it is confirmed, no Judgment may be entered on an Award, which makes it unenforceable.
If you believe that the... View More
Accounting firm is based and registered in PA, they did not register to do business in NY. My company is based and registered in NY and all business is conducted in NY.
answered on Mar 9, 2023
You must keep separate two concepts: the law of the state that will interpret a contract and where and whether entities are "citizens" (or, states in which they are doing business) of a particular state.
I don't have the benefit of your contract, but taking your language... View More
I moved out of my apartment before the lease ended. Was turned over to a debt collector. Kept requesting information on ownership of debt, lease, money owed, etc... Could not provided it.
Asked to stop harassing me until could provide that information. Cease and Desist letters, two of... View More
answered on Nov 28, 2022
Your question involves the statute of limitations for a debt, which in New York is six years. Therefore, without additional facts, it would appear that the action cannot proceed. However, the circumstances appear dubious since you say that you were served with some papers that appeared to be a... View More
answered on Nov 2, 2023
I would need to read the cease and desist. There can be a whole background that I don't know. I can provide an answer if you provide more information. It should not be ignored.
What forms do I file next, or do I wait for an answer? CMC is set for 3 weeks from now
I attempted a civil lawsuit but the Court dismissed it saying the Court lacks subject matter Jurisdiction to hear an action and I must use mandatory arbitration.
answered on Oct 17, 2023
I would like to view the Decision dismissing your action. I am an expert in arbitration and have handled over 100 cases. I aslso need to read the clause in the agreement and your claim against the Condominium to advise you. Arbitration can be a speedy device to resolve the issue, and an Award of an... View More
the case until get the judgment.
Thanks
answered on Sep 26, 2023
Are you collecting the debt, and, if so, how much and against whom? If you are the debtor and you brought this action under the FDCPA, then it is a different story. I would need to hear more facts to give you advice.
It’s a preliminary conference form due tomorrow
answered on Jul 26, 2023
Please send me the Index Number and the name of the opposing counsel. I can help you try to get an adjournment or with the filing of the Preliminary Conference form. David@Relkinlaw.com. 516-888-1223.
answered on May 11, 2023
If I read the complaint I would be able to give you an accurate answer. I don't know the nature of the claim or the basis on which individuals (John "Does") are named as having liability to the plaintiff. Have you not received some indication from the Officers of the Bank whether you... View More
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