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Questions Answered by Michael David Siegel
1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I lived in an apartment for 7 years, starting in 2012. Landlord is suing me for arrears accrued in 2018,

Under the document dated in 2012. There here several lease renewals after that date and the obligations of the 2012 lease were met. Should he have sued me under the lease that covers the montages in question ?

Michael David Siegel
Michael David Siegel
answered on Dec 16, 2021

Yes. If you are month to month, the most recently expired lease governs, except as to term and rent.

1 Answer | Asked in Civil Litigation and Domestic Violence for New York on
Q: I am not certain what type of lawyer I need. I am trying to attain a limited order of protection and theft

I reside in a private house. My mother and her significant other lives in the first floor and my father, son and I live on the second floor. I am also my fathers primary care giver and health care proxy. My mother just comes to our part of the home to aggressively attack us with no provocation... View More

Michael David Siegel
Michael David Siegel
answered on Dec 14, 2021

Obviously not the ideal living arrangement. Theft complaints go to the police, but in NYC, these issues are not enforced. You can get an order of protection yourself by going to the criminal court. Ask for the order of protection part. You fill out an affidavit explaining the issues. It is a... View More

1 Answer | Asked in Identity Theft for New York on
Q: Why do i see my name and others people name on the creddit score ?
Michael David Siegel
Michael David Siegel
answered on Dec 13, 2021

You posted this under identity theft. That is a big possibility. Without seeing the full report I cannot tell. Look and see if you recognize all of the debts. If not, put a fraud alert on the report, and contact the erroneous entries.

2 Answers | Asked in Consumer Law, Contracts and Business Law for New York on
Q: I received a civil court summons from company's lawyer, can I offer to pay full amount w/o filing an answer in court?

The amount that is owed originated from a service that the company performed at my home.

Can I call the law firm directly and offer to pay the full amount without filing an answer to the summons at the court?

Location: Nassau County, NY

Thanks

Michael David Siegel
Michael David Siegel
answered on Dec 10, 2021

Sure. But make sure you have a written agreement that after payment the case will be dismissed with prejudice.

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2 Answers | Asked in Collections for New York on
Q: Im permanently disabled and on SSI. A law firm contacted me about a debt from 2002 and claims i owe $2952.

Should i send the law firm an award letter from SSI? Maybe they will stop? My girlfriend financing a car for me but its registered in my name. Is there anyway to protect the vehicle from being taken away by debt collector? My girlfriend still has 1year and a 1/2 left of payments left.

Michael David Siegel
Michael David Siegel
answered on Dec 9, 2021

If this is just a claim, it may be a scam and if not, the statute of limitations is a defense to any claim. More likely it is a judgment, which expires next year (after 20 years) if entered in 2002. While technically a car could be repoed, the likelihood is next to zero. I would ignore it.

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for New York on
Q: Can a summons be dismissed if a claim was submitted to a civil court,instead of small claims(as directed in contract?)

The summons concerns a disputed unpaid service bill (< $1K). The district court is located in Suffolk County, NY. The summons court index # starts with "CV", I was told that this indicates Civil Court, and "SC" would have indicated Small Claims Court.

The service... View More

Michael David Siegel
Michael David Siegel
answered on Dec 9, 2021

A court of higher jurisdiction has jurisdiction over the claim as well. A $1000 claim could even be in Supreme Court, although it makes no sense to do it. A monetary limit of a court's jurisdiction sets the ceiling for claims, not the floor.

3 Answers | Asked in Business Law for New York on
Q: How do i sign over the other 50% percent of my business to the other owner
Michael David Siegel
Michael David Siegel
answered on Dec 7, 2021

Depends on how it is organized now, and what the shareholders agreement, bylaws and other documents say. But, it is generally simple in terms of paperwork.

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3 Answers | Asked in Probate and Tax Law for New York on
Q: Are assets sold during probate to settle estate debts subject to capital gains tax?

If an estate entering probate has substantially appreciated assets and also has debts, such that some assets must be sold to settle the debts, are the proceeds from the sale subject to capital gains against their original basis or their stepped-up basis from the date of death?

Michael David Siegel
Michael David Siegel
answered on Dec 3, 2021

There is estate tax (above a certain value) on the value of the estate. There is income tax to the fiduciary for income realized during the administration of the estate. If assets are sold at a profit, the gain is on the difference between the date of death value and the sale price, which is... View More

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Chapter 7 in NJ what address do I use if I don't have a permanent address?

I have a PO box for mailings.

Michael David Siegel
Michael David Siegel
answered on Nov 23, 2021

It is supposed to be the place where you spent the most of the last 180 days. If it is all in one district, it really does not matter. If it was in multiple states, then it is an issue.

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3 Answers | Asked in Bankruptcy and Civil Litigation for New Jersey on
Q: civil case, if plaintiff doesn’t disclose any discovery 30 days past the discovery due date does the case get dismissed?

Discovery date was set in July, was due in October and still nothing has been disclosed. Trial is scheduled for January

Michael David Siegel
Michael David Siegel
answered on Nov 18, 2021

It could if you make a motion. However, if you are the plaintiff you still need to prove your case. There are also less severe sanctions, like precluding evidence, that are more likely to be employed.

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1 Answer | Asked in Real Estate Law for New York on
Q: My sister died without a will. Siblings want nothing to do with her estate. Who is responsible for her estate?
Michael David Siegel
Michael David Siegel
answered on Nov 11, 2021

No one is compelled to do anything. If there is money, someone should step up. If not, there is nothing to do. If there is something that must be done, but no money, there is an Office of the Public Administrator in each county to handle estates of decedents where there is no one else.

3 Answers | Asked in Collections and Landlord - Tenant for New York on
Q: Rent recovery

As a guarantor on my daughter’s apartment in NYC, I am responsible for paying rent for a roommate who did not pay their last 4 months of rent (~$5016). Do I have any avenues to recoup this money from the non-paying roommate?

Michael David Siegel
Michael David Siegel
answered on Nov 11, 2021

You can sue the roommate, but as to you and the landlord, you owe it.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Will my credit be destroyed for 7 years if my brother Sells the house that I co-signed for him through bankruptcy?

So my older brother has filed bankruptcy on a house that I co-signed for, he is planning on selling the house Once the bankruptcy go through.

I would like to know if I need to hire an attorney and If I am entitled 1/2 of the sale of the house Once it is sold. And will my credit be messed... View More

Michael David Siegel
Michael David Siegel
answered on Nov 9, 2021

You get proceeds if you are on the deed. If you are just on the loan, you are not on title and get no proceeds. However, the defaulted loan will very much impact your credit. It already has.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: Neighbor& I have recent surveys that conflict, they want me to move my fence.Farthest discrepancy is 5 inches.De Minimi?

Contact original surveyor. In New York State, courts will allow de minimus non-structural encroachments, such as fences. Past court decisions have allowed even more than 5 inches, electrical wires with exterior lighting, stone walls, etc. if meets this statute, non-structural, such as your fence.... View More

Michael David Siegel
Michael David Siegel
answered on Nov 5, 2021

You can move your fence, or agree with them to give an easement for the disputed lands. Five inches will not make title unmarketable.

1 Answer | Asked in Consumer Law and Collections for New York on
Q: JCS served me with a summons to collect a debt from OC Metabank which JCS bought 2018, Only that is a WebBank Acct.#

I never received a notice of default from WebBank Fingerhut and from what I researched MetaBank sold credit accts to WebBank in 2012 and On Oct. 2012 Terms and Conditions were changed to WebBank If this is a fingerhut acct which Im not too clear of, cause it states MetaBank OC and bought by JCS in... View More

Michael David Siegel
Michael David Siegel
answered on Nov 4, 2021

If you have a default against you, then I am not sure what is on the calendar in court. If you are in default, there is no discovery. I think you are unclear of the posture of the case. Depending on how much is involved, you might want to hire a lawyer. If there is a hearing, you can definitely... View More

1 Answer | Asked in Contracts for New York on
Q: I sold my home with a post occupancy of an additional few days to move out. Money was held, with the agreement to be

returned when I moved out...The buyers are claiming that I trashed the house. (not true) and will not authorized the attorney to release the money...what now?

Michael David Siegel
Michael David Siegel
answered on Nov 4, 2021

You are going to have to sue them. Hopefully you have pictures to show.

1 Answer | Asked in Real Estate Law and Civil Litigation for New York on
Q: SELLER and Buyer sign Purchase Agreement for sale of real Estate. Seller dies prior to executing Deed.

Is it still possible to Sue for specific performance to order Estate of said person to title property to buyer. Buyer already tendered 7,500 to SELLER. Seller did not execute deed though but was already paid. Seller is now deceased.

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2021

Yes it is. But, it depends on the terms of the contract.

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Q: I asked a question regarding legal living space before but I think I left put some details

I am closing in the sale of my home. I work at the town office in the assessing department and so I am familiar with glitches that can happen with open permits etc. I am selling a Victorian home built in 1890 which has an unheated attic with sheetrocked walls and newer windows. The attic was this... View More

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2021

I have not seen your contract or listing. There is likely nothing wrong with an attic with no windows if it is not a living space. If the contract or listing represented that it was a living space, that is your problem. It is not the house that is in violation. It is the way you are using it... View More

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Q: I am looking for case law on disputes between homeowners and building departments in NY

My attic has sheet rock but is unheated. my town building department is calling it a "violation" because it has no "egress window" we are at the zero hour of closing the sale of the house and are being held up by this violation. I have been told unheated space cannot be called... View More

Michael David Siegel
Michael David Siegel
answered on Oct 27, 2021

Unheated space cannot be living space. The issue is the fault of your lawyer when you bought the house, your broker who listed it now as a "living space", and your lawyer who allowed this issue to fester until closing. While it is sometimes reasonable to overlook these issues at a... View More

1 Answer | Asked in Estate Planning, Criminal Law and Identity Theft for New York on
Q: I have an irrevocable trust for my grandchildren. Their father stole 300,000$ from my savings and 73,000 from Met Life.

He left me w35$. Can I change the irrevocable trust and sell my home? Since I can prove fraud, identity theft, elder abuse. I owe109,000 on my mortgage can I get a home equity loan on a 6 family ? I need money for legal fees and dental work.

Michael David Siegel
Michael David Siegel
answered on Oct 26, 2021

The terms of the trust will govern a lot of it. If the trust has provisions for your lifetime care, you can ultimately petition the court.

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