Under the New York Insurance law and federal No Surprises Act, you may be protected from this “balance billing” tactic, depending on several factors that can be evaluated by your attorney.

The section you refer to (I am assuming 15 USC 1662, which does not have a subparagraph "B") deals with advertisements for the extension of consumer credit. It prohibits such an ad from stating that a specified down payment is required *unless* that creditor usually and customarily... View More

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answered on Apr 21, 2023

More info is needed. Why was it in their shop if there was no repair order? Was a repair completed and you failed to retrieve the vehicle timely? What was the damage? Who caused the damage? Either way, doesn't the shop have insurance? If not, do you have insurance?

You may be able to bring a federal data breach law suit, or sue the company under the terms of service (or file arbitration against them). This may help put more pressure on them to honor their contract and federal and state law. Contact a consumer protection attorney to evaluate your case.

Ask to be included on denials or appeals notices from insurance carriers in the future. These usually have short shelf lives. Appeals must be usually be undertaken (or arbitration notices filed against the insurance carrier) within short windows of time, and it could take time to gather supporting... View More

In general, yes. It sounds like it was a mistake and not what the parties agreed upon, and not a gift. They have the legal right to pursue recovery (unless as a practical matter, the item was very small in value - that could be up to the discretion of the company). Good luck

I'm sorry your question remains open for four weeks. At this point, one option might be to discuss with process service companies or investigation companies that conduct skip tracing and other research to locate people. Good luck

Those standards are there to protect the public. Professional Engineers are usually well qualified to develop standards due to their experience in real world settings. At the same time, there are also other highly qualified technical professionals who are well suited to develop standards, without... View More

You did not indicate when the judgment was entered, but I would assume it would be some time ago and it may be too late to vacate the judgment—but this would depend on some of the dates and other circumstances.

Barring a vacatur of judgment, you could contact (personally or through an... View More

Acknowledging a contribution for the purpose of a loan modification does not create personal liability on the existing note. The lender does sometimes ask for authorization to run a credit report of a contributor, and if he was living there the address should show as a residence. But since he is... View More

Real estate transactions in New York typically have attorneys on both sides (and one for the bank, and for co-ops, one for the co-op itself). You should contact an attorney to review the contract of sale (or if not yet entered into, to review the seller's draft) and deal with any issues... View More

There could be many reasons.

The Court may take the hearing off calendar prior to the hearing date.

There may be a requirement to file a notice of non- opposition.

The wrong type of motion may have been filed. The court may want to instruct the parties. The court’s... View More

Sounds like it belongs in Pennsylvania.

Jack

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answered on Mar 14, 2023

There are exceptions, but 16% per annum is the maximum legal interest rate based on what you describe. More than that exposes them to civil liability. More than 25% will expose them to criminal liability.

Without looking at the contract, an attorney cannot advise as to your particular situation. Yet if the contract seeks to waive a consumer protection law, that clause of the contract may be void as contrary to public policy. Have an attorney take a look at the contract to inform you of your rights.... View More

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... View More

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... View More

You did not ask a question that can be effectively answered on this Q&A page. The attorneys on this page who answer user questions about foreclosure will all likely practice in this area. If you are searching for an attorney, you should be able to identify one here or perhaps through a Google... View More

While you can file a criminal complaint against the scammer, as to you and the bank, you will owe this money.

The Civil Practice Law and Rules was amended in 2020 to reduce the statute of limitations on medical debts from 6 years to 3 years from treatment. You must properly draft and plead your defenses in your answer to the complaint or risk waiving them. There may be other defenses as well, which must... View More