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Questions Answered by Michael David Siegel
1 Answer | Asked in Collections for New York on
Q: Can NYC marshal garnish my pay to collect default judgement on a home equity line of credit?
Michael David Siegel
Michael David Siegel
answered on Jul 14, 2022

Yes. That is the point of the Marshal.

1 Answer | Asked in Civil Litigation for New York on
Q: Can a second new york note of issue be filed after a case is orally dismissed at an inquest on damages - but the case is

still pending because no judgment was entered?

Michael David Siegel
Michael David Siegel
answered on Jul 7, 2022

No. There is no oral dismissal. The judge has to enter something on the record. Order the record from the proceeding and ask the judge to "so order" his transcript. Or, call the judge's clerk and ask them to enter a dismissal.

2 Answers | Asked in Bankruptcy for New Jersey on
Q: Mortgage was in chapter 7 not discharged was carried to chapter 13. It is not showing up on my credit report.

Servicer says since it was in bankruptcy I am not liable for the debt but I signed a modification and have been paying for 3 years. So exactly what does that mean??

Michael David Siegel
Michael David Siegel
answered on Jul 6, 2022

The lender stopped reporting to the credit bureau. It did not change your legal status as a borrower. Did you get a discharge in the Chapter 13 of any of the debt?

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3 Answers | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: My mother passed away and had 4 children. What's the easiest process to get her house sold and have proceeds split?

The house is in her name, her live-in boyfriend has a few bills in his name but not on the house.

She did NOT have a will.

The house is in semi-okay condition. It needs a lot of work. I would like to know how/when I should get the process started for putting her house on the market... Read more »

Michael David Siegel
Michael David Siegel
answered on Jul 2, 2022

All four agree on one of you to be the estate administrator. Get appointed by the court, and sell the house. If no one contests, there is no court hearing, and no need for you to ever go to NY. Should be inexpensive and reasonably quick.

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2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Does Rights of Survivorship pertain to the property deed and/or recorded mortgage?

Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?

Michael David Siegel
Michael David Siegel
answered on Jun 27, 2022

I think I understood your question until the 1 of four point. You went from two people to four people. I would need more information, or better yet, have a lawyer look at the documents.

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1 Answer | Asked in Consumer Law, Foreclosure, Civil Litigation and Collections for New York on
Q: Can a default judgment be enforced, if the defendant was never served, the complaint was filed in another county?

The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 24, 2022

1. Different counsel? Not relevant. Happens all the time.

2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.

3. Recourse? Make motion in court that entered judgment to vacate on improper service.

4....
Read more »

1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Collections for New York on
Q: I got a demand letter for the a sign on bonus. I left my job and the letter had no clawback. They want repayment.

I received a demand letter, I left the job due to hostile environment. I had to contact the labor department to collect my last wages. Now the demand letter wants repayment for half of the bonus’s I was paid. The offer letter has no clawback or mention of any repayment. I don’t mind paying if... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 21, 2022

Obviously, the matter is governed by the agreement. Have a lawyer look at it for a few bucks. If you have to pay it back, do so only with a release agreement, etc.

2 Answers | Asked in Probate for New York on
Q: Brooklyn NY: I am contesting my brother's Will. Can a father and his son who are both attorney's witness the Will?

The father drafted the will.

Michael David Siegel
Michael David Siegel
answered on Jun 17, 2022

Absolutely. Yes. Nothing improper there at all, unless the attorneys are also beneficiaries.

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1 Answer | Asked in Tax Law, Business Formation and Business Law for New York on
Q: Can I create a NY LLC with an out of state LLC as the single member?

I own a single member LLC in Wyoming but now live in New York. I’d like to create a newer NY LLC subsidiary with the out of state LLC as the parent company. Is this allowed?

Michael David Siegel
Michael David Siegel
answered on Jun 2, 2022

Yes.

1 Answer | Asked in Estate Planning for New York on
Q: how long can a trustee have to establish a trust after the death of the deceased

Deceased died in 2003 and trustee has been embezzling ever since

Michael David Siegel
Michael David Siegel
answered on May 30, 2022

It should be immediate under the terms of the will. You need to bring a petition in Surrogate's Court for relief.

1 Answer | Asked in Divorce, Contracts and Real Estate Law for New York on
Q: How to remove a pendency action , filed on a breached , non compliance and in contempt of divorce stipulation of 2016

No legal action to enforce breached

stipulation agreement started and party affected not notified of filing

Michael David Siegel
Michael David Siegel
answered on May 29, 2022

A notice of pendency expires after 3 years if not extended. A motion is required if a title company is requiring it, and the other side does not consent.

1 Answer | Asked in Civil Litigation and Consumer Law for New York on
Q: Was sold counter. goods through google pay, disputed it, and was told no case or invest. would be opened. no help given

I was sold counterfeit goods through Google Pay LLC. Do i have the legal right to a refund if I've bought something that's fake or counterfeit? Should I also report this to Trading Standards and the Pokémon Company International, Inc. for fraud. I was sold fake Pokemon Cards through... Read more »

Michael David Siegel
Michael David Siegel
answered on May 19, 2022

File a criminal complaint, but do not count on anything. You are not likely to find the fraudsters, who are long gone with your money. Google Pay is not liable. It just processes payments. It does not vouch for the users.

1 Answer | Asked in Consumer Law for New York on
Q: I have a summon for a credit card they say I own 1199 but that is not true the card was only 830.

how I do it I don't have money to pay that.

Michael David Siegel
Michael David Siegel
answered on May 18, 2022

If you have $830 they will take it. Call the plaintiff lawyer and offer $600.

1 Answer | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I used UCC guidelines or the NYS one as a way to dismiss the case?

I was manipulated into auto loan in 2016. I feel into hard time and a divorce and ended up living in my car in 2016. I started to become late but always found a way to catch up. I got back on my feet slightly in 2018 and ended up pregnant. I couldn't afford the car payments and they kept using... Read more »

Michael David Siegel
Michael David Siegel
answered on May 18, 2022

The statute of limitations does not apply to an existing case. The SOL is the date to bring a case. You did the right thing so far. Your issue is lack of service. You are going to have to prove you did not live with your brother when he was served as your household.

1 Answer | Asked in Business Law for New York on
Q: I have shares in a privately owned company that was just sold unbeknownst to any shareholders. What happens now?

What rights do I have?

Michael David Siegel
Michael David Siegel
answered on May 18, 2022

If the sale violated the shareholders agreement or bylaws you can sue the people who did the sale.

2 Answers | Asked in Estate Planning and Business Law for New York on
Q: S Corporation 4 equal share owners , if one of the owner die , how to keep his shares within Corporation

If one owner die , how to avoid outsider demands

Michael David Siegel
Michael David Siegel
answered on May 12, 2022

It depends on what any shareholders agreement or bylaws says.

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2 Answers | Asked in Estate Planning for New York on
Q: 3 children are on will for dad's estate 1 has passed on with no will of his own is his daughter entitled to his part

My dad who is still alive doesn't want her to have anything to do with will or benifit

Michael David Siegel
Michael David Siegel
answered on May 11, 2022

Depends on the terms of the will. If it says per stirpes, then yes she gets it. Just amend the will to make it clear, or deed the house now to remove all doubt.

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1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for New York on
Q: How do I proved that the party is represented by the attorney from the last case in this case for Declaratory judgment

If only the attorney was served with the summons with notice

Michael David Siegel
Michael David Siegel
answered on May 9, 2022

You cannot serve a summons on an attorney for a new case unless service is accepted in a document filed with the court.

3 Answers | Asked in Estate Planning and Probate for New York on
Q: My mother and step-father (who are residents of NYS)own valuable real estate. If my mom passes away, do I have any

claim to her share of the property?

Michael David Siegel
Michael David Siegel
answered on May 9, 2022

Depends on how the deeds are drawn. Only if she is a tenant in common.

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1 Answer | Asked in Real Estate Law and Legal Malpractice for New York on
Q: What can I do?My NY buyers attorney drew up sales paperwork stating that my buyer made an Ernest deposit when he didn’t.

My attorney says there is nothing I can do. I can’t believe I can be provided with real estate sales paperwork to sign stating that the attorney collected the money when he didn’t. Should I have been informed and what can I do. My buyer backed out of the deal with proven false reasons and my... Read more »

Michael David Siegel
Michael David Siegel
answered on May 6, 2022

Something is fishy. However, you do not have to return money you do not have. If the lawyer said money was in escrow and it was not, he can be disbarred. Escrow accounting is a big deal.

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