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New York Consumer Law Questions & Answers
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.

1 Answer | Asked in Collections, Small Claims and Consumer Law for New York on
Q: A collection agency working without a license.

I contacted a collection agency to collect my debt, I sent the account. But I never signed the contract they sent me. They went on with the case even though I didn't sign anything. They collected some money and now they are threatening me that if I don't accept the money I'm... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 11, 2020

What is the question? What do you want to accomplish?

1 Answer | Asked in Consumer Law for New York on
Q: Can I sue??

I had bought a few pricy items, everything was going fine until I hadn't received my package only to find out through their customer service they are refusing to send the package. I emailed asking why, (im assuming) they seen the profile picture of my gmail and replied to me saying they... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 9, 2020

It's possible you could sue. You could look into either small claims or courts of higher jurisdiction, depending on the cost of the items. Check to see if they have a mandatory arbitration process in lieu of suing in court. It could be unlawful for businesses to discriminate. But aside from... Read more »

2 Answers | Asked in Consumer Law and Products Liability for New York on
Q: Is it legal to sell items like old paint or insect killer spray, which may contain toxic compounds, at a garage sale?
Tim Akpinar
Tim Akpinar answered on Sep 3, 2020

It's difficult to say where you'd find information on that. If you have labels or material safety data sheets, they could provide information on disposal, but not sales. In terms of sales, it would be be advisable to check if they contain constituents that ban them from sales or usage.... Read more »

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1 Answer | Asked in Business Law, Consumer Law and Contracts for New York on
Q: Is there a law that protects the consumer from being forced into buying a warranty on a used car?

I did not want to purchase the warranty but without it I was not going to be allowed to purchase the vehicle. I requested written information regarding the warranty but nobody at the dealership was able to provide me with that, all they could do was tell me that it was mandatory and would be valid... Read more »

Gary Lane
Gary Lane answered on Sep 2, 2020

That is very clearly fraudly and extortion. You should immediately report it to the Attorney General's Consumer Fraud and/or Extortion Units! Criminal.

2 Answers | Asked in Business Law and Consumer Law for New York on
Q: Am i obligated to pay for my daughters dance classes through covid? They were closed. Offering online class.

They offered online classes but my daughter decided she no longer wanted to go. So we didn't attend the classes.

Michael David Siegel
Michael David Siegel answered on Aug 27, 2020

It depends on your contract. If you did not pay, I cannot see them suing you.

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3 Answers | Asked in Bankruptcy, Consumer Law and Identity Theft for New York on
Q: Master Promissory Note on file with FSA for Student Loans never signed and is completely blan: Can i discharge the debt?

The Master Promissory note on file with Federal Student Aid is completely blank. There's no information about me in any regard, not even my name. Am I legally responsible for this debt or can It be discharged/forgiven?

The Federal Student Aid website has all the federal loan... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 21, 2020

Did you get a loan? Have you paid this loan? How are you liable if your name is not in the database?

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1 Answer | Asked in Consumer Law and Products Liability for New York on
Q: My new product includes anime/cartoon characters

My new product includes anime/cartoon characters

I’m a small business owner and my new product is a phone case, I will be decorating a phone case with dead’s and stones along with an anime figurines (like sailor moon, power puff girls). I’m going to buy and collect these figurines... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 7, 2020

You may want to repost your question in the Trademark and Copyright sections. There's no guarantee that all questions are picked up, but it would have better chances of being seen there. Products Liability is more about injuries from defective products. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Real Estate Law for New York on
Q: I live in Waterford, NY and our lease is about up and don't auto renew. Can he make us leave?

The reason it don't auto-renew is that he emailed me stating that he was not renewing it about 2 months ago. It was a 90 day notice via email. Not in writing. He want's to move in our apartment on September 1st and we can't find a like place around here. My wife is on unemployment... Read more »

Elaine Shay
Elaine Shay answered on Aug 3, 2020

Unless you are protected by a lease or rent regulation, a landlord does not have to renew your lease. However, if you do not voluntarily surrender possession, the landlord must start a court case and obtain a judgment before you can be evicted. If you are current on your rent payments, the Court... Read more »

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