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Questions Answered by Daniel Michael Luisi
2 Answers | Asked in Family Law and Child Support for New York on
Q: I have a child support case in NY The birth certificate was signed in PR DNA proves the child not mine. How do proceed?

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

Daniel Michael Luisi
Daniel Michael Luisi
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

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2 Answers | Asked in Contracts and Copyright for New York on
Q: How can I prove my ownership of a story when I do not have documented legal proof but I have other evidence to Prove it

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?

Daniel Michael Luisi
Daniel Michael Luisi
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

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Can our landlord charge us for utilities even though our lease states that utilities are included in our rent?

We've been living in yonkers ny for a little over 2 years and our landlord wants us to pay for utilities because she states that it is too high even though our lease agreement which we renewed on March 1 2022 and she raised it $50 a month because of an elliptical that we purchased and she... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 11, 2022

I would have to look at the terms of your lease, because it depends on the specific language used.

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1 Answer | Asked in Consumer Law, Construction Law and Contracts for New York on
Q: I signed a contract and paid a deposit with a contractor to replace the deck on my house.

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?

Daniel Michael Luisi
Daniel Michael Luisi
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

3 Answers | Asked in Civil Litigation, Contracts and Small Claims for New York on
Q: If you have gotten a judgement in small claims court and the contractor refuses to pay, do u have options
Daniel Michael Luisi
Daniel Michael Luisi
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

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1 Answer | Asked in Uncategorized for New York on
Q: I hsve sn upcoming vivil court csse eith my bank gor a credit card debt!! There lawyer sent me a Summary Judgment Can

Can the court force me out of my house because of it?? Or just make sure i pay

Them the debt off?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 6, 2022

Unless the summary judgment motion is from your mortgage bank or landlord, it’s hard to see how you could be evicted from your home on that basis. However I would have to review your file in detail before I could advise you on your legal position.

2 Answers | Asked in Civil Litigation for New York on
Q: What happens if someone sues you after you move out of that state

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

Daniel Michael Luisi
Daniel Michael Luisi
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

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1 Answer | Asked in Criminal Law for New York on
Q: I'm looking to connect with a NYS criminal lawyer in order to discuss a fictional A-1 felony case for a novel.

Is that allowed through this service? Can I email with someone? Or does communication have to be via these Ask a Lawyer questions?

I'm looking to clarify several things, fill in gaps in my research, learn how attorneys would likely approach the case, and ensure I've used realistic... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 4, 2022

Of course you can consult with an attorney on your novel. Most likely you will connect privately. Asking a question on this forum is not a bad way to start. Good luck to you.

2 Answers | Asked in Collections and Landlord - Tenant for New York on
Q: a judge set a judgment for 195$ after an eviction and landlord sent me to collections for 3830 I have disputed this

is this fraud on their part

Daniel Michael Luisi
Daniel Michael Luisi
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

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3 Answers | Asked in Landlord - Tenant for New York on
Q: if a judge sets a judgment of $195 after eviction for cleaning fees can the old landlord send adebt collecter after you?

for 3830 claiming i never paid rent when it was never stated in court regarding eviction.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 3, 2022

In general your liability depends on the wording of the judgment but yes, if there is an unsatisfied judgment against you, no matter how small, it can be sent for collections.

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1 Answer | Asked in Employment Law for New York on
Q: I'm an independent contractor working with an agency. They claim that if I drop out of a shoot, they can charge me for

the money they would have made for the session but now lost due to my absence. Is that legal?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 3, 2022

It depends on the exact wording of your contract, if any, and/or any verbal agreements they can prove. An evaluation can only be based on a detailed confidential legal review of your particular situation.

1 Answer | Asked in Health Care Law, Consumer Law, Civil Litigation and Collections for New York on
Q: Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me.

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

Daniel Michael Luisi
Daniel Michael Luisi
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

1 Answer | Asked in Immigration Law for New York on
Q: I’m a Green Card holder and I’d like to know if I can get in trouble coming back to the US after being abroad.

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

Daniel Michael Luisi
Daniel Michael Luisi
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

3 Answers | Asked in Landlord - Tenant and Small Claims for New York on
Q: How soon can I take my landlord to small claims court to get my security deposit back . It’s been over 30 days .

Also do they have to give back double for not having it back on time?

Daniel Michael Luisi
Daniel Michael Luisi
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

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2 Answers | Asked in Immigration Law for New York on
Q: Greetings! I’d like to know if I can get in trouble for going out of the country being a LPR.

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

Daniel Michael Luisi
Daniel Michael Luisi
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 §...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: How can i get my security deposit back from my building landlord

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

Daniel Michael Luisi
Daniel Michael Luisi
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

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1 Answer | Asked in Business Law, International Law and Internet Law for New York on
Q: Hello.

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

Daniel Michael Luisi
Daniel Michael Luisi
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

2 Answers | Asked in Divorce and Landlord - Tenant for New York on
Q: I am married, moved out of my NY rental, trial separation, both on lease, who pays rent?

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.

Daniel Michael Luisi
Daniel Michael Luisi
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

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1 Answer | Asked in Business Formation, Business Law and Copyright for New York on
Q: 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

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

Daniel Michael Luisi
Daniel Michael Luisi
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

2 Answers | Asked in Civil Litigation, Collections and Landlord - Tenant for New York on
Q: Why would a court allow a notice of motion and the court schedule a date. if the Statue of Limitations has lapsed in NY?

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

Daniel Michael Luisi
Daniel Michael Luisi
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

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