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New York Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Will I be able to get my money back?

I hired a dress designer who gave me a deal on a dress where if I referred two people the dress would be half off. I did the promotion paid her $975 and she insisted i hadn’t completed the promotion and if I wanted the dress I would have to pay $825 more. She sent me a video of the dress and the... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

When the courts reopen, you can file a small claims case.

1 Answer | Asked in Business Law and Consumer Law for New York on
Q: We purchased an extended warranty from a company and they are declining to do the repairs my parents are elderly pls hel

The car broke down in MD but my parents live in bronx NY

Tim Akpinar
Tim Akpinar answered on Mar 19, 2020

Consider making arrangements for bringing the car back to New York for the meantime, because these disputes can take time and storage costs can pile up. Individual warranties can vary, but one defense that can confront the vehicle owner is that repairs are not covered because they fall under... Read more »

4 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: My husband and I need to declare Bankruptcy but cannot afford to. Are there free programs to help us?
Karra Kingston
Karra Kingston answered on Mar 5, 2020

There are legal services to help if you qualify but you may have long waiting times! I highly advise speaking with a lawyer many have payment plans that can really help you! And make sure your case goes smoothly!

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1 Answer | Asked in Business Law, Consumer Law, Gov & Administrative Law and Public Benefits for New York on
Q: Can an organization use a Established nonprofit’s name with no relation to it in a marketing campaign?

It would be used in a campaign to bring legislative awareness to a cause no related to the nonprofit with the name.

Tim Akpinar
Tim Akpinar answered on Feb 28, 2020

It could depend on the context. If the organization alleged that such use adversely impacted its reputation or other interests, it could object to the use or bring legal action. There's no way to predict what an organization would do. One option is to consult with an attorney familiar with the... Read more »

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for New York on
Q: Can a bank take my moms money out of her account to pay my loans without permission, but said they did? They did not

I am three months over due in my loans. My mom and I are members of the same credit union. She is not however, a cosigner on any of those loans. They took $500 out of her account to pay it. Upon calling about it, they stated I gave them permission. I most certainly did not, not even close! My mom... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 13, 2020

The only explanation is that you are a signer on one or more of your mother's accounts at the credit union? Otherwise they are not supposed to do what you say they did.

1 Answer | Asked in Consumer Law and Animal / Dog Law for New York on
Q: Adopted a dog out to an out of state customer. Wrong dog was sent, now they won't exchange. Dog was already adopted.

They received the wrong dog, now they won't exchange for the correct dog. Other customer had already adopted that dog and would like the one they adopted.

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 19, 2020

A properly drafted purchase agreement should deal with this possibility. If not, it is up to you to provide a reasonable replacement or refund their money.

1 Answer | Asked in Consumer Law, Identity Theft and Stockbroker Fraud for New York on
Q: Financial brokerage house paid out funds from the account of a deceased accountholder - the broker did not know of death

Broker was a national security dealer. When broker learned of death did not disclose post-death withdrawals from account to estate fiduciary.

Michael David Siegel
Michael David Siegel answered on Nov 22, 2019

Who are you to this deal? It may not be prejudicial. Depends on where the money went and where it was supposed to go. If to you, you can sue. The broker cannot be liable for not knowing of death, but can be liable if it should have known authorization was improper.

2 Answers | Asked in Consumer Law and Contracts for New York on
Q: Can I sue someone in another state?

I hired a contractor for some home repairs. He didn't complete the work and moved to another state.

Is there anything I can do?

Michael David Siegel
Michael David Siegel answered on Nov 13, 2019

Sue here. Get a default, and move judgment to where he is.

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1 Answer | Asked in Consumer Law for New York on
Q: I need help fighting a bill in collections that i never should have had in the first place

In 2012 i attended UCCC and when i bought my books from the bookstore on campus the attendant rented one of the books instead of putting it through for purchase, i was never informed of this and now they are withholding my transcripts until i pay for the book. I agreed to do this but the 12.12 i... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 7, 2019

You need to dispute the debt and contact a debt collections attorney in your area for a consultation asap. If they are wrongly trying to collect on this debt and unjustly holding your transcripts you may have incurred damages entitling you to a recovery. Each State has it's own Debt Collection... Read more »

1 Answer | Asked in Consumer Law and Banking for New York on
Q: Checks designated to be paid to ONE, were stamped & deposited into TWO, without the permission of the check writer.

The check writer is now asking why this occurred, since it was not their intention for their money to go to TWO. What is the recourse?

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

The check writer does not usually have a say in what happens after a check is written and signed. For example, the person to whom it was made could have simply indorsed the back and made it bearer paper, where anyone could have further indorsed it to whomever. The check writer's intention means... Read more »

2 Answers | Asked in Consumer Law and Banking for New York on
Q: Checks designated to be paid to ONE, were stamped & deposited into TWO, without the permission of the check writer.

The check writer is now asking why this occurred, since it was not their intention for their money to go to TWO. What is the recourse?

Michael David Siegel
Michael David Siegel answered on Oct 29, 2019

It depends on what ONE intended to happen.

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2 Answers | Asked in Elder Law and Consumer Law for New York on
Q: Nursing Home is suing for Medicaid sanction, plus more.

I’m POA and we are both named in a summons Of over $110,000 that we need to reply to on Monday or receive a default judgement against us.

Michael David Siegel
Michael David Siegel answered on Oct 19, 2019

You need an attorney for this. This could be a big problem. I cannot tell you how it will turn out without seeing documents. Show up and ask for more time to get a lawyer.

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1 Answer | Asked in Consumer Law for New York on
Q: I received a judgement and a restraining notice. Would this restraining notice have been sent to anyone else?

I jointly own land with my siblings. Would they have received a copy of the restraining notice? Would it have been sent to my bank? Will I be notified if a lien is placed?

Michael David Siegel
Michael David Siegel answered on Oct 19, 2019

The restraining notice could be sent you your bank. Until you deal with the judgment, you should empty your accounts. You will not be notified in advance. That defeats the purpose. Depending on the court and the way the judgment was entered, it may already be a lien on the land by operation of... Read more »

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New York on
Q: Adverse Possession ? 1/11/2006 foreclosed 6/2006, knew not a thing about it and they sold it 3/2015. Does this meet it

Said they served my daughter 1/11/06, Forecosed on 6/2006. Knew nothing until 3//2015. 3/2015 Friend told me my home was being sold. 1/2005 home next door was 100% destoyed by water damage. The bank knew for a fact where I was living.

My daughter stated in court papers she was never... Read more »

Elaine Shay
Elaine Shay answered on Oct 8, 2019

I'm sure you are anxious for an answer but a real answer to your situation would best be sought by having an attorney review all the documents and facts related to your situation.

1 Answer | Asked in Consumer Law and Real Estate Law for New York on
Q: Our Super charges a months rent to renters, he thinks no one knows. How can we stop this and there be justice

No one will talk except among themselves

Elaine Shay
Elaine Shay answered on Oct 3, 2019

If you are the landlord and employ the super, you may consider terminating the super's employment. If you are already a tenant, you can refuse to pay an unauthorized charge or bring the issue to the landlord's attention.

1 Answer | Asked in Consumer Law for New York on
Q: When you say "make a claim" do you mean with the BBB?

In reply to the answer about my furnace.

Michael David Siegel
Michael David Siegel answered on Aug 20, 2019

No. The BBB is a waste of time. If it was new you should have a manufacturers warranty. It will say where to file a claim.

1 Answer | Asked in Consumer Law, Energy, Oil and Gas and Environmental for New York on
Q: I had my furnace replaced in Feb of 2019. It was never installed properly, I'm now getting the run-around, what to do?

My husband knew something wasn't right with the install, we had them come over several times as our humidity was was out of control. Every time a tech came over, they insisted that all we needed was to spend thousands more to get a whole home dehumidifier. One time they were at my home inspecting... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 20, 2019

If there is a warranty, make a claim. You can also do a small claims case for the damages.

1 Answer | Asked in Consumer Law and Civil Rights for New York on
Q: Hello can i sue for someone getting an unauthorized credit report saying i had applied for an auto loan ?

Sue the company who made the hard inquiry

Gary Kollin
Gary Kollin answered on Aug 13, 2019

sue who?

1 Answer | Asked in Consumer Law, Small Claims and Collections for New York on
Q: How much interest can be added to a judgement in New York state? the loan was for 10,700, 8,000 in interest was added

Is there any way to fight this amount owed?

Michael David Siegel
Michael David Siegel answered on Aug 5, 2019

Interest on a judgment is 9% from the date of the judgment and is governed by law. Interest before that is governed by the loan documents.

1 Answer | Asked in Consumer Law and Antitrust for New York on
Q: Are there any drawbacks that may arise post-judgment if a suit is brought and won in the US against non-US defendants?
Michael David Siegel
Michael David Siegel answered on Jul 9, 2019

Yes. You won't be able to collect your judgment.

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