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I reside in NY now for many years. Child lives with her mom in another state. The birth certificate was signed in PR many years ago. Recently it has come to light through paternity test that the child is not mine. I want to stop payments and take my last name as father from the birth certificate.... View More
answered on Dec 25, 2022
I agree with the previous lawyer. Jurisdiction over your matter is restricted to the child's state of residence pursuant to the Uniform Interstate Family Support Act, UIFSA, codified in New York at N.Y. Fam. Ct. Act § 580-101. If you file in another state, your case will likely be dismissed... View More
I have a story, but I do not have any documented proof of ownership. If this story is stolen, can I prove my ownership with other evidence, and what are the evidence?
answered on Dec 12, 2022
If you have drafts of the story which precede the drafts in the possession of whoever you are alleging claimed authorship. And you can lay a foundation for the authenticity of this evidence regarding the date it was created, then yes, possibly. Copyright in a work vests from the moment the work was... View More
The contractor did not perform any work and the completion date has since passed. The contractor is not returning my calls, text messages or email. It appears I have been scammed, how can I get my deposit back?
answered on Dec 11, 2022
You need counsel to investigate the contractor, to determine if he has any assets and where he keeps them, whether he is properly licensed, insured and bonded, etc. After investigation of his profile your attorney will develop and execute a collection strategy to recover your funds, if that seems... View More
answered on Dec 11, 2022
I would have to review the judgment, but yes, you have options. One is to forward an execution levy to the City Marshal’s office directing it freeze the defendant’s bank accounts. These forms must be prepared properly or they will be rejected by the bank. There are other enforcement devices... View More
People are treating to Sue my friend but she is moving out of state and no papers or any official word has been given to her
answered on Dec 5, 2022
There is a procedure for attempting to serve process in New York courts, sufficient to confer jurisdiction over the person whether or not they continue to physically reside in the state. Additionally, if your friend simply ignores the suit, most likely the Plaintiff will file its affidavit of... View More
is this fraud on their part
answered on Dec 4, 2022
Any judgment entered against you can be sent for collections, no matter how small. If the judgment is fabricated, it would be fraud and not only would the collector be criminally liable: you would also potentially be able to recover a financial settlement under the FDCPA. A detailed review of your... View More
Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me for not paying. I am not sure what the charge is for. I don’t know if I can call the hospital? Or the lawyers office that is suing me? I don’t know if the hospital sold my info to a... View More
answered on Dec 2, 2022
You need to demand verification of the debt, examine the accounting of the debt, and prepare and file your answer to the complaint, containing all of your defenses. Federal law also protects you from false or abusive medical debt collections under the FDCPA. By ignoring it, you risk a default... View More
I’ve been a LPR (10 year green card) since Dec 2020. In 2022 I’ve been out of the country for 164 days as of now (multiple entries from Brazil - my home country). I just got back last week, so technically I’d still have 14 days left for this year, totaling 179 days abroad for the current... View More
answered on Dec 2, 2022
There is no set period of time abroad that will trigger abandonment, but LPRs are treated as seeking re-admission if they have been absent from the United States for a continuous period of longer than 180 days. INA § 101(a)(13)(C)(ii). Continuous absence of more than 180 may trigger scrutiny, but... View More
Also do they have to give back double for not having it back on time?
answered on Dec 2, 2022
You may also considering serving the landlord or his attorney with a properly drafted pre suit demand letter. If effective, this can save you a lot of time and the cost of initiating a court action. As my colleague said, if 14 days have passed since move out and you have not been provided an... View More
I’ve been a LPR (10 year green card) since Dec 2020. In 2022 I’ve been out of the country for 164 days as of now (multiple entries from Brazil - my home country). I just got back last week, so technically I’d still have 14 days left for this year, totaling 179 days abroad for the current... View More
answered on Dec 2, 2022
I think this is a duplicate question. I am copying my answer above:
There is no set period of time abroad that will trigger abandonment, but LPRs are treated as seeking re-admission if they have been absent from the United States for a continuous period of longer than 180 days. INA §... View More
They are refusing to give it to me. They are stating i did “damages” and stayed for 4 days in building before moving and stating i am responsible for the entire month’s rent. My lease ended nov 30. I moved Nov 4. They took pictures of apartment after i moved and stated i did damages when they... View More
answered on Dec 1, 2022
Under NY law, the landlord must return the full security deposit to you unless he provided an itemized list of damage charges within 14 days of move out. Whether the list they sent qualifies under the law is a legal question. It may be worth it to retain an attorney to serve him with a pre-suit... View More
I want to create a VOD website for movies. The idea is that it will work as a fundraising site for artists, so That the projects will be presented to customers who will then donate to finance the production of the movie, once it is produced they will receive a copy of the film, to stream in our... View More
answered on Nov 30, 2022
It sounds like a crowdfunding campaign for a creative project in development, where the entrepreneur takes back orders before actually having the inventory to fill the orders. Check out kickstarter as a possible starting point. Many creative entrepreneurs have used it to successfully launch their... View More
I moved out due to emotional abuse. My husband and I are both on the lease. I may pursue legal representation and divorce but in the meantime, not sure if I should still be paying half the rent for the apartment he currently occupies alone.
answered on Nov 29, 2022
If you are both on the lease, the landlord has the option of bringing a non payment action for rent arrears against one or both of you, regardless of whether you still live in the apartment. In a divorce case, the court would issue an order assigning responsibility for the rent, including arrears,... View More
If I sell bootleg ebooks on platforms like Etsy and Amazon that I have no legal rights of doing so,will I be facing any criminal charges from the government?
State NY
answered on Nov 29, 2022
You will likely be subject to a copyright infringement and/or counterfeit account ban and because you seem to have no licensing documents from the rights owners. Because you are apparently doing this knowingly, you will likely be permanently banned from these platforms without much of a chance of a... View More
Received a notice of motion about a breach of contract that occurred in 2011 in NY. in my mailbox. Not certified, no name, just return address saying that I need to appear? Sent back certified and to court (originals) an Affidavit to dismiss based on Statue Of Limitations. Still have a date.... View More
answered on Nov 29, 2022
If you don’t appear, a default judgment will be entered against you, regardless of the merits of the case. The judgment creditor could then proceed to levy your bank accounts and seek a turnover of the funds to the NYC Marshall to satisfy the judgment. The statute of limitations for rent arrears... View More
How does that work? Can I be the sole owner of the LLC? When registering an LLC, I noticed that there is an requirement to add LLC Manager. Can I be the LLC Manager while on OPT? Or would that be a violation of visa status?
answered on Nov 29, 2022
This issue is a little complicated. In general you either need to have work authorization to open a business in the United States, for example, through an E2 investor visa, or you need to partner with a person with work authorization or a LPR or US citizen and basically delegate all day to day... View More
Left an apartment complex in 2011. I believed owners wrote off the debt as a loss. Started to receiving info from a debt collector (Lawyer) in 2013. Asked them to provided all information about ownership of debt. They could not. Went back and forth for awhile and finally presented a Cease and... View More
answered on Nov 28, 2022
I believe that this is a duplicate question. In general, the recently enacted Consumer Credit Fairness Act has actually reduced the statute of limitations to three (3) years for rent arrears in New York. If you have made any payments after April 7, 2022, it shouldn't reactivate the debt under... 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
The recently enacted Consumer Credit Fairness Act has actually reduced the statute of limitations to three (3) years for rent arrears in New York. If you have made any payments after April 7, 2022, it shouldn't reactivate the debt under the CCFA; however, you should NOT make any payments as... View More
one non voting limited member of LLC has declared in court ,that LLC is dissolved and he has transferred the account under his name.
answered on Nov 24, 2022
We need more information to answer your questions. Was there a shareholder meeting on which dissolution was voted on? Is there a certificate of dissolution on file? Have all taxes and fees been paid? Was proper notice and an agenda provided to the shareholders in advance of the meeting in... View More
I signed a lease and gave a deposit. Not scheduled to move in until 1/19/2023. Today is 11/21/2022. Requested to cancel, haven't even looked at the place, requested cancellation less than 2 weeks after I secured it. They are saying even though I haven't moved in and wont for 60 more days,... View More
answered on Dec 11, 2022
Legally, I think what they are doing is very questionable. Real Property Law section 227-e requires you landlord to mitigate damages once he is properly notified that you intend to break the lease. Meaning after being properly notified by you, he can’t simply sit back and let the arrears pile up... View More
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