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New York Consumer Law Questions & Answers
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 »

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Rights for New York on
Q: I've heard it suggested to quote this law when a business forces mask wearing against my will. Does this apply?

Section 18 code 241

Also stated it's against Nuremberg trials that concluded a medical procedure can not be forced upon me.

Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

Umm... No. With all due respect, you'll just sound like a crazy person if you cite to a quotation from the Nuremberg Trials in response to being asked to wear a mask (presumably, for the purpose of preventing the proliferation of COVID-19). Private businesses can operate however they'd... Read more »

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: if I signed a retail motor vehicle lease agreement in NY and car was shipped to me in NY does this fall under NY law?

Car was shipped to NY from dealer in Texas before I signed all papers and before dealer signed any papers and therefore the lease was never effectuated and I believe should be void. The transporting of this expensive car prior to a binding agreement was a form of entrapment. Noticed the dealer... Read more »

Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

Yes. If the contract was signed in New York, in particular with a New York-based business, then it is almost definitely controlled by New York laws... assuming there's no arbitration agreement or Choice of Laws Clause in the contract.

Good luck with your case!

1 Answer | Asked in Consumer Law and Insurance Bad Faith for New York on
Q: 1. How to find life insurance company's divisible surplus for last 15 to 30 years? 2.by insurance class? $0 div?

year 1968 participating $5,000 whole life policy. no dividends for last 15 years. Prior to that, div increased each year (to $96) then decreased in the next 4 yrs to zero; for 12 yrs $0 , however cash value increased each yr ($3,900 currently and increases a small amount each yr), no loans ,... Read more »

Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

I'd recommend looking into New York's State's Unclaimed Funds registry, which can be found by clicking on this link:

https://www.osc.state.ny.us/unclaimed-funds

If you're entitled to funds that are unclaimed, they might be held by the State in escrow.

Good luck with your case!

1 Answer | Asked in Consumer Law and Banking for New York on
Q: chase froze my personal joint account with my wife saying i cant get sba loans and grants deposited in ac without notice

i am uber driver where we dont need EIN NUMBER & BUSINESS ACCOUNT & sba qualified me for loans & grants and chase has issues saying they gonna keep the funds which includes my savings and wife salary too i dont have any source of income to run my family

Michael David Siegel
Michael David Siegel answered on Apr 28, 2021

It is not being frozen due to the PPP loan. There must be some other issue or judgment.

1 Answer | Asked in Consumer Law for New York on
Q: I got tires done the guy made a mistake undercharged me should I pay

I told them I would do right in the situation

Tim Akpinar
Tim Akpinar answered on Apr 6, 2021

Sure, it would be the right thing to do. And handling it quietly could keep him from getting in trouble at work. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law for New York on
Q: If a summons was dropped in my mailbox is it legal? Not mailed, not in an envelope. Just shoved in my mailbox
Michael David Siegel
Michael David Siegel answered on Mar 30, 2021

If you get a copy in the mail as well, it is valid nail and mail. Do not ignore it.

2 Answers | Asked in Consumer Law and Civil Litigation for New York on
Q: hello! If there is a judgment who decides how to calculate the interest and what the amount is?

We have a judgment against us from an “old friend” who sued us and the case went all the way to trial in October of 2017. The judgment wasn’t filed until may 2019 and was never served upon us. Then the person said she wasn’t going to try to get the money anymore. We wanted to refinance and... Read more »

Joshua Adam Davis
Joshua Adam Davis answered on Mar 26, 2021

Hi, Liz. The interest rate may be specified in the judgment. If not, most states have statutes that specify rates for pre-judgment and post-judgement interest. If this is a New York state court judgment, that rate is generally 9% simple interest. As always, there could be additional facts that... Read more »

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1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for New York on
Q: Adverse event, Fraud Concealment in patient records what kind of lawyer is needed to pursue this kind of case/injuries?
Tim Akpinar
Tim Akpinar answered on Mar 23, 2021

An attorney who deals with healthcare law and HIPAA could be a starting point, and depending on more information, possibly a medical malpractice attorney or civil litigation attorney, based on the issues that emerge in making a more detailed assessment. You could use the tab above (Find-a-Lawyer)... Read more »

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: If an online homework service does not meet expectations, how long do I have to cancel?
Tim Akpinar
Tim Akpinar answered on Jan 22, 2021

It would depend on the agreement. Review the written agreement and look for terms that govern termination or cancellation. Good luck

Tim Akpinar

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for New York on
Q: how can I force the original creditor to provide documentation of the debt or remove account from my credit report
Tim Akpinar
Tim Akpinar answered on Jan 6, 2021

This could be something that a collection defense attorney would be able to advise best on. All the categories you chose make good sense, but you await a response for four weeks. You could try reposting and adding Collection as a category. Not all posts are picked up, but you'd probably have... Read more »

1 Answer | Asked in Collections and Consumer Law for New York on
Q: Can a bank hand over a newly opened checking account to a collection agency for a debt that is past the SOL ?

I don’t think the debt is mine and I believed I tried to dispute it off my report a while ago . I called Capital one bank to see why my New business debit card wasn’t here and they forward it to the collection agency . I don’t ever remember having any debt with capital one . My money is still... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 2, 2021

It sounds like you are confused. To freeze an account there must be a judgment. The judgment lasts for 20 years in NY. The statute of limitations refers to the time to bring the initial case to get the judgment. To vacate a judgment you need to make a motion in the court that entered it. These... Read more »

1 Answer | Asked in Consumer Law and Business Law for New York on
Q: Is there anything we can do to get reparations for the stuff that had been sold? Is what they did illegal?

Hi, I live in Upstate New York and we have, or should I say had a storage unit. We had the storage unit for about 3 years and had been making payments every year. A few days ago we went to put something in storage and found the lock had been cut and changed. We were just there in July-ish to get... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 5, 2020

Your reparations could depend on the terms of the agreement. Because of the change of hands that took place, and the possible difficulty in pinning down when the loss took place, it could be a difficult claim. Depending on the amount of the loss, if it involved more than just A/C units, one option... Read more »

1 Answer | Asked in Consumer Law, Civil Rights and Health Care Law for New York on
Q: It is legal for a gas station to deny me access to a restroom because they don’t want to pay septic fees?

The manager and the owner are not allowing anyone to use their restroom even though it works due to the fact they are tired of paying septic fees. I used it the last 3 days even though they have not in service signs and I have asked before to use the restroom and they said no sorry but when I... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 5, 2020

Here is a link to an organization that is involved in this issue. You could look into whether their resources offer guidance: https://americanrestroom.org Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Family promised to continue 1/2 rate for childcare until return to work, still owe 1650.00 arrears won’t pay me..

I’ve been with family 2 yrs in March they decide that to keep me and not loose me they will pay me 220.00 per week until they go back to work ... they are now 1650.00 in arrears and since going back to work an additional 330.00...from 6 weeks ago ... I need the money owed how do I get it???

Michael David Siegel
Michael David Siegel answered on Sep 15, 2020

Call the New York state Department of Labor and file a claim.

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