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Questions Answered by Matthew Parham

1 Answer | Asked in Consumer Law for New York on

Q: Is there a law that protects consumers against retailers charging full price for sale priced items at the register?

Matthew Parham answered on Jun 21, 2012

That's a so-called "bait and switch." It violates the New York False Advertising laws, General Business Law 350 and 350-a. It also may violate the Unlawful Selling Practices law, General Business Law 396, if it was intentional, though only the Attorney General can sue under that law. New York... Read more »

1 Answer | Asked in Consumer Law for New York on

Q: A building contractor has taken money to build but refused to complete the work. Can I file consumer fraud charges?

Matthew Parham answered on Jun 21, 2012

If this was for work on your home, then possibly. If the contractor promised to do work, took money, and then disappeared, there may be a strong case for consumer deception under General Business Law section 349, which prohibits deceptive acts or practices in any business; or for common law fraud.... Read more »

1 Answer | Asked in Consumer Law for New York on

Q: What is the best source for identifying cases involving fraud in the art market?

Matthew Parham answered on Jun 21, 2012

I'm not sure I understand the question. Generally for legal research to identify cases on some topic, Westlaw and Lexis are the most comprehensive and commonly used databases of case law among attorneys, but they are pay services to which you may not have access. Google Scholar has a large... Read more »

1 Answer | Asked in Civil Litigation for New York on

Q: Explain "issues of material fact" re: MSJ and "admissible eveidence" for same. civil

Matthew Parham answered on Jun 21, 2012

To get summary judgment, a moving party has to submit enough admissible evidence to the court to show that the party is entitled to win the case so that there is no issue of material fact to be decided at a trial. A fact is material if its truth or falsity affects whether the plaintiff wins or... Read more »

1 Answer | Asked in Civil Litigation for New York on

Q: What does it mean when your case is assigned to calander control part justice

Matthew Parham answered on Jun 21, 2012

Generally it doesn't mean anything. It means no specific judge has been assigned to the case. Whether one will be in the future depends on the case posture. You should still attend any pending court appearance and meet any pending deadline such as for a motion.

I assume you saw this on...
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1 Answer | Asked in Consumer Law for New York on

Q: IN 2005-6- I WON ARBITRATION, THE BANK WILL NOT RELEASE MY MONEY. WHAT ORGANIZATION ENFORCES PAYMENTS FROM BANKS?

Matthew Parham answered on May 24, 2012

Generally if you win an award in arbitration, you can file a lawsuit in a court with jurisdiction over the Bank (often the contract that contained the arbitration clause also says the Bank consents to the jurisdiction of certain courts) to confirm the award. Once the award is confirmed in a court,... Read more »

1 Answer | Asked in Native American Law for Washington on

Q: Did the Executive Branch work during the time of the Cherokee Nation v. Georgia?

Matthew Parham answered on May 10, 2012

It's an unusual question. In Cherokee Nation v. Georgia the Cherokee sued Georgia seeking release of a Cherokee citizen being tried for a murder committed on the Cherokee territory, taking the position that Georgia lacked jurisdiction over that territory. While the suit was pending, Georgia... Read more »

1 Answer | Asked in Native American Law for California on

Q: What is the name of the law that protects tribal members from their own tribal government

Matthew Parham answered on May 10, 2012

It sounds likely that you are thinking of the Indian Civil Rights Act, which is at 25 USC 1301-03. The tribe itself may also have something akin to a bill of rights that it has itself enacted, or customary laws or doctrines recognizing additional or different rights than those in the ICRA. But in... Read more »

1 Answer | Asked in Consumer Law for New York on

Q: If someone refuses to pay for item they requested sent by mail, without cause. Is there legal action that can be taken?

Matthew Parham answered on May 10, 2012

Sure. You can sue them for breach of a contract for a sale of goods. The evidentiary requirements for such a suit and the cost of pursuing it will depend in part on how much is owed. If only a small amount, a small-claims suit may be the most efficient option. If a really small amount, it may... Read more »

1 Answer | Asked in Civil Litigation for New York on

Q: How do fill out an affidavit in opposition for a motion for summary judgement

Matthew Parham answered on May 10, 2012

Very carefully. Seriously, the answer depends on what kind of lawsuit and what the grounds are for the motion.

An affidavit is a written sworn statement. At the top, under the case caption and document title (Affidavit of John Smith) it should contain a "scilicet" that indicates the...
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1 Answer | Asked in Civil Litigation for New York on

Q: Is a subpoena issued from a Florida court and served by registered mail upon a NY State resident sufficient to secure

That person's attendance in the Florida court?

Matthew Parham answered on May 9, 2012

Not as a general matter, though you haven't really provided enough information to be sure. It seems pretty clear that there would be no jurisdiction obtained to compel attendance through merely sending mail to the person in another state assuming they're a nonparty to the suit. The obvious... Read more »

1 Answer | Asked in Civil Litigation for New York on

Q: In NYS does an Order to Show Cause on an LLC have to be served through the NYS Dept. of State?

Matthew Parham answered on May 9, 2012

Not necessarily. Often the OTSC will itself say how it is to be served and if you are preparing one it would behoove you to specify a preferred manner of service. Otherwise, if the OTSC is not an initiating paper in the lawsuit but a subsequent paper then it should be served on counsel and can be... Read more »

1 Answer | Asked in Consumer Law for New York on

Q: I have a judgement against me from Capital One Bank, How do I get this dismissed in court?

I already paid them $701.93 once I received the summons, now they are seeking another $1153 from me. My orginial balance with Capital One was $500, I have paid well over that already. I was never given the oppurtunity to go to court and I want to file to dismiss. How do I go about doing this?

Matthew Parham answered on May 9, 2012

If you have grounds to do so, you would first have to file a motion to vacate the judgment, which would then reopen the lawsuit.

The grounds to vacate that most commonly apply are (a) an excuse for defaulting, (b) no personal notice of the lawsuit, or (c) no jurisdiction over you....
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1 Answer | Asked in Consumer Law for New York on

Q: What is the maximum interest rate on a retail installment contract

Matthew Parham answered on May 9, 2012

Assuming this relates to a contract executed in New York, the short answer is that there is none. Under the "time price doctrine" a retail installment sale has for hundreds of years been deemed not to be a loan of money subject to the usury laws. New York's Retail Installment Sales Act was... Read more »

1 Answer | Asked in Consumer Law for New York on

Q: I got summons, NY Supreme Court, consumer credit transaction, requiring me to answer the complaint. Do I need a lawyer?

Does Supreme Court allow pro se representation in consumer credit disputes? If yes, does it provide directions as to what forms to fill, file, and when?

Matthew Parham answered on May 9, 2012

If you were personally sued, you are allowed to represent yourself. I believe in most counties the county clerk or self-help desk, if one exists, should be able to provide you a form answer that you can fill out essentially by checking boxes, and file. You should take care of this promptly to... Read more »

1 Answer | Asked in Consumer Law for New York on

Q: Is there a free service that can help me respond to a consumer credit transaction summons

Matthew Parham answered on May 9, 2012

Depending on where you are and whether you qualify, there may be such services. In New York City and a few other places throughout the state, there is something called CLARO (the Civil Legal Advice and Resource Office) which holds free self-help sessions at the courthouse to assist defendants in... Read more »

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