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New York Collections Questions & Answers
1 Answer | Asked in Collections for New York on
Q: how long is a temporary restraining order.Is tere a staute of limataions on the repossession of double wide

have a court judgement . breach contact the order was for repossession of 19 yr old double wide 10 months later get paper wk that they will place force placed insurance .next day a final notice of failure to pay .24 months .the company that sued was Green tree days after judgement they merged... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

Your question needs clarification. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas... View More

1 Answer | Asked in Landlord - Tenant and Collections for New York on
Q: How do I collect monies from a case I won in PR, if the tenant no longer lives in PR? I live in the US.

The case is currently in court. The tenant(s) has run off and are residing in the USA. I do not know where they reside..

I live in the USA. How do I collect from them? I may be able to contact a family member of his wife. How would be best to proceed?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

Contact a lawyer in your state for help. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... View More

1 Answer | Asked in Business Law, Collections and Business Formation for New York on
Q: 2) Can someone find out my home address with my EIN or LLC? Should I change my LLC?

Someone invested in my inventory at a wholesale price with the expectation that they would be paid back with profit. Unfortunately, shortly after they invested the money this product wasn't selling online like when the opportunity presented itself and I was stuck with 4000 units of this... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

Lawyers cannot provide predictions. Your address may be public record or easy to find with some investigation. The strength and weakness of your case depends on an analysis of all the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in Collections and Consumer Law for New York on
Q: For a credit card debt older than 6yrs, can a judgment still be filed since you can no longer be sued?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

The statute of limitations may block a complaint. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the... View More

1 Answer | Asked in Collections and Probate for New York on
Q: Do assets need to be sold or does Garn StGermain or Homestead Act apply when there is debt owed in the state of Florida?

Parent died with a mortgage (78K, value $154) with equity, car is paid off (value 7500), and 20k plus in credit card debt. Daughter was living with mom, she wants to stay in house, assume mortgage thru either act but has no money to pay moms debt. The will states 50/50 to dependents (total... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

Contact a FL lawyer. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Collections and Consumer Law for New York on
Q: How should I go about getting my car back or released from my name?

I made a deal in which the person will pay the remainding balance and will then keep the car. However, payments are consistently late and affecting my credit. I am hoping to ask the person to refinance under their own name or to give me the keys back. Or should I just call the police. Please do... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

It depends on the terms of your contract. You may have entered into a risky agreement. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More

1 Answer | Asked in Collections and Consumer Law for New York on
Q: would it be legal for a company to rate clients, and share the info with other companies

I'm considering in regards to freedom of expression, is it permitted for a company to reveal a persons dept for a service provider, is it contrary to the Fair Debt Collection Practices Act (FDCPA), I know that Uber and AirBnb are rating their customers, my question is is it legal to share the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

Typically, Terms of Use contracts apply to such matters. It depends on the related facts and agreements. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More

1 Answer | Asked in Collections, Family Law and Contracts for New York on
Q: Does my brother in law have a case?

My husband and I got married in June 2015. My brother in law offered to get us a DJ even though I had a written contract with my sister who was my maid of honor saying she would use my laptop to play the music. But my brother in law insisted he would pay for the DJ and we had nothing to worry about... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

I see no contractual or quasi-contractual obligation here, as it sounds like a gift. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... View More

1 Answer | Asked in Collections for New York on
Q: I won a civil judgement against someone. This person has numerous unpaid judgements against them. How do I collect?

I have sent out numerous information subpoenas/notice of restraints and they all have came back empty. I believe this person has at least 6 other unpaid cases against them. They are employed somewhere (I just don't know where). And this person collects $1725 a month in cash from renting out... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

Hire a collections attorney, or use the self-help resources at the local law library. There may be relevant forms online at the NY courts website. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Collections for New York on
Q: can i have more than one garnish taken out of my paycheck

i got layed off and i had a car payment and knew i wasnt going to be able to make it. i called the bank and they came and got the car. they auctioned it off for $7,000 less than i owed. now they are garnishing my wages $80 every week. i already have rent $125 (i did that myself), child support... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

If timely, you may be able to challenge the amount being taken. If your finances have changed since the child support order, you may be able to file for a modification. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Animal / Dog Law, Collections and Contracts for New York on
Q: Can I legally hold the dog till she pays her bill even if she shows up with police ?

Back in Nov. a friend asked me if I wanted to make some money and dog sit for her. She was moving to Hawaii (for a job) end of Dec and because of restrictions it takes 4 months to get a dog in. To make a long story short I asked for some money I laid out of pocket at end of January and found out... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

She might be able to sue you for conversion of personal property. Holding the dog or car hostage sounds like a bad plan. Rather, you may be able to sue her for the money she owes you. If her car is on your property and she's breached her promise to move it, you may decide to have it towed off... View More

1 Answer | Asked in Bankruptcy, Collections, Construction Law and Consumer Law for New York on
Q: What happens to a case if a contractor who filed a lien and a lawsuit to foreclose on it then files for bankruptcy?

We terminated our contractor for breach of contract, then he filed a mechanic's lien and a lawsuit to foreclose on the lien. Now we have heard that he has filed for bankruptcy and we would like to know how that could affect his/our case.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

You may be able to file as a creditor or file a judgment lien in his bankruptcy case, if applicable. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More

1 Answer | Asked in Collections and Consumer Law for New York on
Q: Is giving a company a bad credit card number to pay for services the same as issuing a bad check in New York State?

A client gave us a credit card to pay for our services, the card was declined. The client will not provide a new credit card number or pay by check. Is this the same, under the law, as giving us a bad check?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

It sounds like a possible breach of contract. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the... View More

1 Answer | Asked in Collections and Family Law for New York on
Q: My son's father is $4,420 BEHIND in child support & now has off the books contracting jobs He has general liability...

He no longer is emplyeed through the employer that is on the court order, he now has general liability for his contracting bussiness, he makes great money with his new buss. But he's telling me he wants to go to support court to have it modified & to have the $80/week be lowered. He claims... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

You can file for a motion for contempt if he's not paying back-owed child support, and you can have the state take action against him for unpaid child support. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Collections and Consumer Law for New York on
Q: What is the statute of limitations in NY for debt collections?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

It depends on various variables including the basis of the judgment. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY,... View More

1 Answer | Asked in Collections and Real Estate Law for New York on
Q: I have a hospital and ambulance bill in my husbands name can they put a lean on my house that's in both of our names

they asked about if he had any assets and don't know if I should get his name off the deed if

they can legally do this as deed is in both names as husband and wife

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

If your husband owes a debt, the creditor can attach his assets through legal filings. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More

1 Answer | Asked in Collections and Probate for New York on
Q: my dad died on november 21st 2015. left a 5500 dollar check he told me to get...lawyer says i have to go to court for it

what would i need to do to handle that.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 5, 2017

Have a probate lawyer review the matter for you. Your question lacks detail. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in... View More

1 Answer | Asked in Collections for New York on
Q: Gram died all she had was house and left to me. Ive live there 15yrs im disabled. She owed med bills can they take hous

My grandmother passed away last month. All she owned was a house worth approximately $42,000. I have lived in the house for the past 15 years with her and currently still live there, I myself am disabled. I would like to transfer the deed into my name. But I would like to avoid probate because I... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 30, 2015

You give an insufficient reason regarding probate. You cannot avoid it most likely. Get a probate attorney immediately.

Q: Will I loose my car if I go to court?

Me and my friend both a car together. I put $10,000 money down but we are both on the loan. I am the co-buyer and he is the primary buyer. The title, Registration and Insurance is under my name. Car was just purchased. He said he will call the bank and have them resend the title and registration to... View More

Adam Studnicki
Adam Studnicki
answered on Nov 13, 2015

This isn't a car accidents question.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Collections and Criminal Law for New York on
Q: Federal Extortion/Blackmail

Is it a form of extortion or blackmail if an offender created a website and social network profile posting the victimÅ› passport document and a slew of libelous content as it relates to the victims profession as a doctor, founder of a start up company and criminal turptitude (fraud & theft) but... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 20, 2015

This is much more than a basic legal question, it requires knowledge of more facts than you have given, and probably some research. Get to a local criminal defense attorney for a full discussion.

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