Questions Answered by Michael David Siegel

Q: Motion or other process to request judge to review case after long wait

1 Answer | Asked in Civil Litigation for New York on
Answered on Nov 12, 2018
Michael David Siegel's answer
Write the Chief Administrative judge for the court you are in. From your post it is unclear.

Q: Debt for legal,fees incurred by estranged husband whom I am in the orocess of divorcing in his home state Ca - debt

3 Answers | Asked in Bankruptcy, Consumer Law and Family Law for New York on
Answered on Nov 11, 2018
Michael David Siegel's answer
It is very hard to accomplish what your husband's ex-lawyer wants to do. Obviously, the payment of this debt should be required in the divorce. That is the place to fight it first. It would take years to bring a judgment lien from FL, foreclose it, prove that there is no exemption, etc. I would not do anything to the house, unless your ex would convey it to you outright.

Q: I own a nyc wholesale business, I had a client who bounced several check in the amount of 200k usd

1 Answer | Asked in Banking for New York on
Answered on Nov 9, 2018
Michael David Siegel's answer
Only the DA can prosecute anything. You can make a criminal complaint for the bounced checks, but it is very unlikely to be acted upon. You can sue in Supreme Court for damages, but that is really it.

Q: If I'm related to a case, but not a named party, can I appeal a decision?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Nov 9, 2018
Michael David Siegel's answer
Not if you did not intervene in the proceedings below.

Q: Re: Cases decided NY Supreme Appellate Division, Second Dept (2013) Can all the pleadings and motions be seen?

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on
Answered on Nov 9, 2018
Michael David Siegel's answer
They can be seen if you order the file at the court. It is not online.

Q: if you have 2 people on auto loans and personal loans , and 1 party files bankruptcy. does the 2nd party become responsa

4 Answers | Asked in Bankruptcy for New York on
Answered on Nov 9, 2018
Michael David Siegel's answer
The second party was always responsible, even if the other typically paid. As the only non-bankrupt, the second party will definitely be liable.

Q: Can a NY seller delay closing up to 30 days after contracts were signed, money has been paid and a date was agreed on?

1 Answer | Asked in Real Estate Law for New York on
Answered on Nov 8, 2018
Michael David Siegel's answer
Assuming the contract does not make the time of the closing "of the essence" of the contract, then your lawyer is right. The law gives a 30 day window.

Q: If the main lessor didn’t sign an additional year addendum on a lease, is it valid?

1 Answer | Asked in Real Estate Law for New York on
Answered on Nov 7, 2018
Michael David Siegel's answer
Write a letter to the landlord saying you are leaving at the end of the term, and the addendum is not valid.

Q: A friend had her husband file bankruptcy nj without her knowledge. How can she recieve info

5 Answers | Asked in Bankruptcy for New Jersey on
Answered on Nov 6, 2018
Michael David Siegel's answer
File an appearance with the court. The docket is also public on PACER. Lastly, call the trustee in the case and introduce yourself.

Q: Can I sue someone for not paying me even if there was no written contract in place?

1 Answer | Asked in Civil Litigation and Contracts for New York on
Answered on Nov 6, 2018
Michael David Siegel's answer
You are out of luck because you accepted $600 for the time you worked and did not work after that time. Oral contracts are enforceable, and texts can substantiate a contract, but from what you posted you retained no interest in your Code. There is nothing in your post that substantiates that you have any claim left. Your post in contrast substantiates a settlement of $600.

Q: How much time will a judge be able to give us to move out of an apartment that a landlord is trying to evict us from?

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Answered on Nov 5, 2018
Michael David Siegel's answer
Where is the apartment? You do not say. Procedures vary by location a lot.

Q: I being sued for credit card debt and already have filled an answer. I do not believe that they will be moving forward

1 Answer | Asked in Consumer Law for New York on
Answered on Nov 5, 2018
Michael David Siegel's answer
The two issues are totally irrelevant. As our firm does both matters, I am familiar with this issue.

Q: Can a bank take funds for offset if the money was withdrawn from a 401k due to financial hardship?

3 Answers | Asked in Bankruptcy, Consumer Law and Banking for New York on
Answered on Nov 5, 2018
Michael David Siegel's answer
Possibly. It depends on the timing of how it came down.

Q: how long should estate atty take to meet w us after mother's death?

1 Answer | Asked in Estate Planning for New York on
Answered on Nov 4, 2018
Michael David Siegel's answer
An attorney should meet when you want. This is a service business. As to documents, it depends on what you paid him/her to do.

Q: What if the complaint is based upon a false statement of facts?

1 Answer | Asked in Contracts for New York on
Answered on Nov 3, 2018
Michael David Siegel's answer
It isn't. Just make a motion for summary judgment. You can ask for fees and costs, but do not count on it.

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