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New York Consumer Law Questions & Answers
3 Answers | Asked in Consumer Law, Small Claims and Business Law for New York on
Q: Can I sue a customer for not paying me full amount (oral agreement)?

I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

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... Read more »

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2 Answers | Asked in Consumer Law, Business Law and Copyright for New York on
Q: If the customer saw the mistake and remained silent until the process is completed, am I still liable?

A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

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... Read more »

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1 Answer | Asked in Consumer Law and Foreclosure for New York on
Q: Attorney familiar with mortgage foreclosure, title, and mortgage servicing violations

Federal case- violations by mortgage servicer, of RESPA, QWR, NOE and more- also, lacks standing due to missing along and assignments

Carl Nelson
Carl Nelson
answered on Jan 12, 2023

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... Read more »

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: I was Romanced scammed to cash a check, and now the bank is after me
Michael David Siegel
Michael David Siegel
answered on Jan 8, 2023

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

1 Answer | Asked in Consumer Law for New York on
Q: Being sued by NYS for outstanding medical debt from June 2019. Does this fall outside of the statue of limitations?

Not sure how long the statute of limitations is for this situation. Services rendered June 2019, served Dec 2022

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 3, 2023

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... Read more »

2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and International Law for New York on
Q: Can I sue a storage comapny for losing my items, lying about it, and still charging me monthly fees while they knew?

I've had items in storage w/ a company in Canada since the pandemic. I asked them to ship them to NY home & have asked for months. I asked for a quote on multiple occasions, they gave me one but I couldn't afford it then. With the most recent they sent me an email saying they were... Read more »

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Dec 23, 2022

The answer will depend on the terms of the agreement. Moving or Storage Companies usually place a cap in the amount of their liability in case the items are lost. The agreements usually require the customer to secure insurance to cover any damages in excess of this cap.

If the value of the...
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1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: Which court in Brooklyn NY should I file a civil lawsuit against the credit bureau under the Fair Credit Reporting Act?

Case Information: The case should be brought under the US Code 1681(b) (I) & (n)

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 18, 2022

The first thing you need to understand before considering a lawsuit against the credit bureaus is the administrative law concept of “exhaustion of remedies.” This essentially means that your case would be dismissed for lack of standing for failure to complete all internal appeals that the... Read more »

1 Answer | Asked in Health Care Law, Consumer Law and Education Law for New York on
Q: Can you sue a person who works at health care center on campus for delaying service intentionally? Thank you.
Tim Akpinar
Tim Akpinar
answered on Dec 14, 2022

It could depend on the extent of damages resulting from the delay in providing medical care. If the ensuing damages are not significant, many law firms would be unlikely to handle on a contingency basis. Good luck

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... Read more »

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... Read 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... Read more »

3 Answers | Asked in Consumer Law and Landlord - Tenant for New York on
Q: Should I signed a commercial lease that my landlord sent me when I'm a residential tenant?

I lose my job in August and since I didn't have the money to paid the rent I apply for ERAP. I informed my landlady and she is ok with this but they still have not approved my application. Today I received a message from my landlady to please sign a lease she sent me via email. When I look at... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Nov 16, 2022

If you have an ERAP appliction pending, the landlord is stayed from taking any action to evict you until a determination on your application is issued. Commercial tenants are not entitled to file an ERAP application nor are they entitled to the related stay preventing eviction. It sounds like... Read more »

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1 Answer | Asked in Consumer Law and Construction Law for New York on
Q: I hired a contractor to add and renovate my home. The contractor did not provide me with what I asked ie, black windows

The contractor did not do the home improvements according to my architects plans

Michael David Siegel
Michael David Siegel
answered on Nov 8, 2022

You can sue. The contract terms will govern.

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: eHarmony is charging me a debt for not paying an automatic renewal.

eHarmony is charging me for an automatic renewal that I didn't pay. A collection agency contacted me recently about the debt and I am looking for ways around paying the debt.

I initially subscribed to eHarmony in August 2020 with a 2 year subscription and was recently notified of my... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

Sending them a legal letter with a request to discuss a resolution, demanding validation of the debt, along with other appropriate legal terminology might help get the situation moving. Consider retaining a professional attorney who can also assist you in challenging any inaccurate negative credit... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: Made hotel reservations confirmation states cost at $1456. I was billed $1820.

And February 28 I made hotel reservations for November 11 through the 13th. Confirmation stated cost to be $1456. I received an invoice and October 15 For the amount of $1820. Is it legal for them to change the cost? I was under the impression a confirmation was a binding contract.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

Did you reserve through a booking service? If so the terms of the contract would be contained in the terms of service. If not, did you reserve directly with the hotel? In this case sending them a demand letter requesting an itemized list of the charges might be a good place to start. You can... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: If I sign a fee agreement and don't pay what happens?
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2022

It could depend on the terms of the fee agreement. Some fee agreements are drafted such that if no actual services are performed (in other words, no work done), there is no obligation to pay. Some agreements are drafted such that a fee is owed based on an outcome, whether the outcome is a... Read more »

2 Answers | Asked in Government Contracts and Consumer Law for New York on
Q: looking for a contingency lawyer in the state of new York trying to recoup a significant amount of cash
Tim Akpinar
Tim Akpinar
answered on Sep 10, 2022

It could be difficult for attorneys here to reach out to you. This is geared more as a Q & A site than an attorney referral service. In addition to your own searches for attorneys online, you could try the tab above, "Find a Lawyer." Good luck

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2 Answers | 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 »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Aug 24, 2022

If you want to recover your money, apparently damages equal to $16,000, you may file a complaint or go to small claims court. However, keep in mind that you will need to prove the existence of the contract, the terms of the contract and that you performed under the contract. If you don't have... Read more »

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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 »

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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....
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