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New York Consumer Law Questions & Answers
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 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 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, 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 »

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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

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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.

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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 »

1 Answer | Asked in Consumer Law and Collections for New York on
Q: JCS served me with a summons to collect a debt from OC Metabank which JCS bought 2018, Only that is a WebBank Acct.#

I never received a notice of default from WebBank Fingerhut and from what I researched MetaBank sold credit accts to WebBank in 2012 and On Oct. 2012 Terms and Conditions were changed to WebBank If this is a fingerhut acct which Im not too clear of, cause it states MetaBank OC and bought by JCS in... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 4, 2021

If you have a default against you, then I am not sure what is on the calendar in court. If you are in default, there is no discovery. I think you are unclear of the posture of the case. Depending on how much is involved, you might want to hire a lawyer. If there is a hearing, you can definitely... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: I signed up fora coach training online. I attempted to cancel within three days. They said there are no refunds ever.

I live in NYS. Do I have any recourse

Tim Akpinar
Tim Akpinar answered on Oct 30, 2021

A consumer rights attorney would know this best, but you await a response for two weeks. As a general matter, if a contract is clear and unambiguous as to its cancellation provisions, courts would look to those, unless applicable law provides otherwise. You could reach out to an attorney to review... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: Can could sue a doctors billing department for summiting a claim to a different department and this going to collections

And submitted to credit bureaus and messing my score.

Tim Akpinar
Tim Akpinar answered on Sep 8, 2021

It could depend on the nature of the error, if this was your first notice of it, and other possible factors. You could reach out to attorneys to ask their opinions about handling the matter, given additional details. But if a law firm is not interested in handling the matter on a contingency basis,... Read more »

1 Answer | Asked in Consumer Law, Contracts and Copyright for New York on
Q: I have a clothing line with ideas of using thunder cats as one of my themes. Looking for permission to use.

Wanna use characters etc for different t shirt designs

Tim Akpinar
Tim Akpinar answered on Aug 7, 2021

Your question remains open for a week. You chose good categories to post under. You could additionally add "Trademarks" as a category. There's no guarantee that every post here is picked up, but there might be improved chances of a response with that additional category included.... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: What happens if i go to court for breaking an agreement for machine equipment

I kept the machines 2 weeks past the date to return them

Tim Akpinar
Tim Akpinar answered on Aug 4, 2021

It could depend largely on the terms of the agreement for the equipment and what penalties apply for returning the equipment late, the reason for returning the equipment late, and how the court views the arguments of the opposing parties, together with other possible factors. Good luck

Tim...
Read more »

1 Answer | Asked in Consumer Law and Civil Rights for New York on
Q: How do I file should I file

I used the tea tree one since it came out. I used to get red patchy areas on my head even sores so I used nioxin and it got a little better but too expensive to I went back to it and all of a sudden my hair was coming out in clumps mind you I believe the first time I saw a dermatologist I believe... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 12, 2021

I'm sorry for your ordeal. You could reach out to law firms that handle cases involving injury from dangerous products. You could look under firms that handle product liability and injury cases. Most firms that handle such cases offer free initial consults. See the tab above (Find-a-Lawyer),... Read more »

1 Answer | Asked in Consumer Law and Entertainment / Sports for New York on
Q: Lost racket at sports club,found by employee, left in their office and then disappeared from there. Can I take action?

I left my racket at a sports club of which I wasn't a member. The coach picked it up and confirmed by email that he had it and had left it in his office. Then the COVID crisis hit so I was unable to visit the club to pick it up. The staff member was furloughed and never returned. Now the club... Read more »

Gregory J. Tarone
Gregory J. Tarone answered on Jul 10, 2021

Yes, you can bring an action for replevin to return your personal property to you. That email acknowledging possession is an indication of having possession of your chattel. Assuming the coach is an employee, the owner of the club is responsible also, so sue them both. If the racket is worth less... Read more »

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