Lawyers, Answer Questions  & Get Points Log In
New York Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law and Banking for New York on
Q: how do I contact the US District Court for the Central District of California 4 Dele Hope v. Early Warning Services

I too was scammed through Zelle and I no longer believe It to be safe and would like to be included in this class action lawsuit if possible.

1 Answer | Asked in Consumer Law for New York on
Q: I brought a watch in for repair, they sent it back but the watch was missing, I only received an empty pouch. Can I sue?

The repair took 11 months. I got a call from them offering to ship the repaired watch to me. I accepted.

The box arrived last week and it contained only the empty pouch. The watch was not there. I emailed and called and finally went to the store. They claim that they had put the... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 16, 2022

For $16,000 you can definitely sue, so long as you have the paperwork showing you gave them the watch.

0 Answers | Asked in Consumer Law and Small Claims for New York on
Q: Sue uhaul for damages?

I had to drive about 1000 miles since I’m moving. I purchased the insurance for the car dolly which covers damages to anything on the car dolley. When I was about 300 miles away from my destination my axle broke possibly busting the rack and pinion on my personal vehicle. I told them the car... Read more »

1 Answer | Asked in Consumer Law, Contracts and Business Law for New York on
Q: NY Gen Bus L Section 624(2) (2021) Does the 3 days begin running only once the buyer receives a copy of the contract

Hello, I am trying to properly interpret Section 624 - Rights of cancellation of contracts for services. If the buyer never received any form of a copy of the contract until requesting it two months after the start date, does the three business day period for a right to cancellation apply once the... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jul 25, 2022

I believe that you are best advised to speak to a lawyer because of the very fact-specific nature of your question.

2 Answers | Asked in Consumer Law for New York on
Q: How to get my money back

I paid a company for the service that was not provided, we also have a money back guarantee but the company refuses to refund my money

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2022

If you're not able to make further progress with the customer service dept, you could reach out to civil litigation attorneys to discuss options. Depending on the amount in dispute, you could also look into small claims court. Here is a link to their online resources - NY Court System -... Read more »

View More Answers

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 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 Civil Rights, Consumer Law, Personal Injury and Civil Litigation for New York on
Q: What is the legal process for pre action discovery via order to show cause?

I want to identify a defendant via order to show cause with an affidavit of support. Do I need a petition? If so, do I need to buy an index number? Can use the same index number in a lawsuit after the order to show in the same matter? Or do I have to buy a new index number?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 28, 2022

Yes, you will need to file a petition (for which you will need to purchase an index number) and move by Order to Show Cause for pre-action discovery (which can only be used to identify a defendant - not to find out if you actually have a viable case). You CANNOT use the same index number in the... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: I received notice that a judgment against me has been awarded to a debt collector - was unaware I was being sued.

Money has been placed on bank hold in my account with an additional charge of $150 for legal fees. I am unfamiliar with the debt listed on the notice. What are my next steps to get the judgement vacated?

Michael David Siegel
Michael David Siegel
answered on Apr 26, 2022

You need to make a motion in the court that entered it. You will need to show why you were not served and have a defense to the debt.

1 Answer | Asked in Consumer Law for New York on
Q: A laundromat near me gives 3 minutes of drying time per quarter, is that legal?
Tim Akpinar
Tim Akpinar
answered on Apr 28, 2022

I'm sorry your question remains open. Product liability attorneys aren't likely to know about these matters. They deal more with injuries from dangerous and defective products. You could repost under Consumer Law. There's no guarantee every question here gets answered, but you might... Read more »

1 Answer | Asked in Consumer Law, Family Law, Collections and Health Care Law for New York on
Q: In New York City Domestic Partnerships, are partners responsible for the other's medical debt if either one gets sick?

I am in a domestic partnership registered through the City of New York. I would like to be on my partner's health insurance policy. We would like to know that if I were to get sick, is she responsible for paying my remaining bill should something not be covered by insurance and I am unable to... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 13, 2022

In theory yes. Practically, not likely.

1 Answer | Asked in Consumer Law for New York on
Q: Do I have any recourse for refund for an online course bought that teaches unethical methods that I am not happy with?

As part of the transaction, I had to sign a purchase agreement which may have given up all my rights to any recourse. In retrospect, I regret signing such an agreement in such haste and was blind-sided.

I requested a refund on ground of unethical methods being taught in the program that... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2022

An attorney would need to see the purchase agreement and refund guarantee. Arguing for cancellation of a contract based on the ethics of the methods could require more analysis than is possible in the limited scope of this forum. And ethics could sometimes be difficult point of law to argue. You... Read more »

2 Answers | Asked in Consumer Law, Bankruptcy and Collections for New York on
Q: I cosigned for someone 2 years ago and now I have a repossession activity on my credit. I cant contact the person.

So I cosigned for someone 2 years ago and the person recently stopped making payments and now it has gone to repossession. The person blocked me from contacting her. My credit score dropped significantly and I am not sure what I can do. I'm not sure if I can sue her or get out of this cosign... Read more »

Jonathan David Warner
Jonathan David Warner
answered on Apr 1, 2022

Filing a bankruptcy will remove the negative remarks from your credit and permit you to start fresh. If you don't intend to file for bankruptcy, you'd have to sue your cosigner - which would be much more expensive and difficult than filing bankruptcy!

If you're interested in...
Read more »

View More Answers

1 Answer | Asked in Contracts, Consumer Law and Collections for New York on
Q: Contractor is demanding payment for 3-day job that took six months. Do I go to small claims court?

Landscaping contractor kept making mistakes on the patio job that was supposed to be 3-days. I paid for material upfront but refuse to pay the other 50% of the invoice for labor. The job took six months. The job started in July 2021, the invoice was issued in Sept 2021 and the job didn't... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Feb 10, 2022

You could. It is necessary to review the documents that you have and whatever evidence you have collected. Many attorneys charge a flat fee to go to Small Claims Court.

2 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for New York on
Q: a person hit my condo and caused an excess of damages above limits of there policy. How do I know there worth

It was considered there fault abs a lot of stress as it is taking extra long to complete because mgmt is failed to progress as well. It’s been 7 months abs still not complete- only a 2 month job.

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2022

Investigators are generally able to identify those things, but in the absence of injuries, building/property policies could sometimes offer higher policy limits than vehicle policies carrying minimum statutory limits. Good luck

View More Answers

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: Buying a new car at MSRP, - the dealer tells me there is also a mandatory non-negotiable $2000 extended warranty.

I have noted in writing and in person that I will not and cannot use this warranty, I dont keep my car for longer than 2-3 years and will never use it. The extended warranty would extend the basic warranty from 3 to 5 years. I never have a car that long and have asked for it to be removed. Is this... Read more »

Gary Lane
Gary Lane
answered on Jan 18, 2022

I would absolutely refuse the demand and contact the Attorney General's Consumer Fraud division for immediate assistance!

2 Answers | Asked in Consumer Law, Contracts and Business Law for New York on
Q: I received a civil court summons from company's lawyer, can I offer to pay full amount w/o filing an answer in court?

The amount that is owed originated from a service that the company performed at my home.

Can I call the law firm directly and offer to pay the full amount without filing an answer to the summons at the court?

Location: Nassau County, NY

Thanks

Michael David Siegel
Michael David Siegel
answered on Dec 10, 2021

Sure. But make sure you have a written agreement that after payment the case will be dismissed with prejudice.

View More Answers

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for New York on
Q: Can a summons be dismissed if a claim was submitted to a civil court,instead of small claims(as directed in contract?)

The summons concerns a disputed unpaid service bill (< $1K). The district court is located in Suffolk County, NY. The summons court index # starts with "CV", I was told that this indicates Civil Court, and "SC" would have indicated Small Claims Court.

The service... Read more »

Michael David Siegel
Michael David Siegel
answered on Dec 9, 2021

A court of higher jurisdiction has jurisdiction over the claim as well. A $1000 claim could even be in Supreme Court, although it makes no sense to do it. A monetary limit of a court's jurisdiction sets the ceiling for claims, not the floor.

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: What can be done if a company ignores the terms and conditions of a service contract?

I am disputing a bill for the installation of a new water heater in our home.

We had a service agreement with the oil delivery company and I believe that the service agreement covered the cost of the installation.

There is a section in the "General Terms and Conditions" of... Read more »

Toshinori Isoai
Toshinori Isoai
answered on Dec 1, 2021

Regardless of the arbitration clause or your opinion, you will need to "answer" the summons to avoid default judgement. You can bring up the contractual dispute clause in the answer (and later in the proceeding), but you need to respond first. If you are going to defend yourself as a pro... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.