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New York Consumer Law Questions & Answers
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.

2 Answers | Asked in Consumer Law, Civil Rights, Environmental and Federal Crimes for New York on
Q: What did you major in for your BA/BS? Was it a BA or BS? When did you know you wanted to be a lawyer?

I just switched my education path to Political Science and wondering where I can take it

Gary Kollin
Gary Kollin answered on Jul 7, 2019

This not a legal question

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1 Answer | Asked in Consumer Law, Contracts and Collections for New York on
Q: I want to object as a plantiff , defense has filed a motion to compel and bring the case to federal court for subject ma

Subject matter jurisdiction. I have personal jurisduction in state supreme court. What is the name of the document to file to object to motion to compel change of venue.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2019

If the state court case meets all the requirements for being brought in a federal district court, the defendant(s) can remove it to the proper federal district court having jurisdiction. You as plaintiff can object to removal--which may be granted--because the federal court does not have to take... Read more »

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for New York on
Q: I was a victim of a credit card scam where my laptop was stolen what can I do?

I lost both my laptop and the money that was my paid to me due to a fake credit card through facebook marketplace. I know the real name of the person who stole from and his facebook and Instagram accounts. What can I do?

Michael David Siegel
Michael David Siegel answered on Jun 28, 2019

Go to the police. Make a report with all the details. Then, report it to the credit card company. You will be asked to do a fraud affidavit.

1 Answer | Asked in Consumer Law, Contracts and Banking for New York on
Q: Can a private investigator track where i have been using my phone GPS or my car GPS?

I recieved a business card from a repo company PI. Not only did i recieve it at my house but it got addressed to me and sent to my boyfriends house as well. I never put his address on any documents what so ever. The only place i have his address is my phone and my car GPS. I never put his address... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

In these days of very advanced high-tech electronic systems and devices there is no doubt that smart investigators, private or otherwise can track anyone, anywhere at anytime--without stopping for coffee. There is nothing legal that you or I can do about it either. Welcome to America, circa 2019.

1 Answer | Asked in Consumer Law and Elder Law for New York on
Q: Need some legal advice in how to handle a debt collector that has put a hold on a bank account medical bill
Michael David Siegel
Michael David Siegel answered on Jun 20, 2019

Depends on the amount, the county, and whether you really owe it.

1 Answer | Asked in Consumer Law for New York on
Q: My mother passed away and left me a TD Ameritrade account. I have an old student loan can they take it ?
Michael David Siegel
Michael David Siegel answered on Jun 12, 2019

They can and they will if you leave it there in that form long enough. What to do depends on the amount in the account.

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Car repair place charged me $1000.00 for car repairs. Car is still doing the same problem.How do I proceed?

If their repairs didn't fix the problem do I still owe them for the repairs?

I will have them check it again to give hem a chance to make things right, however,

I don't want to owe them more money for additional repairs.

Need to know how to assert my legal rights so that I... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 3, 2019

If you paid by credit do a chargeback. Go back to the place and put complaint in writing. Your rights are impacted by how long ago you did original work.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for New York on
Q: Can a non profit mortgage co receiving federal grants rescind qualification because you have an attitude on the phone?

I was recently qualified through NACA for a mortgage. I paid for a home inspection, I got a contract of sale, and I hired an architect (all out of pocket). The rehab specialist I was dealing with was extremely negligent in returning calls and emails. It took her a week to contact me back and sp I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 31, 2019

As you just found out, tor all practical purposes the answer is yes. BTW: The lesson just learned--about what happens to many people who have bad attitudes when dealing with other people who can pull the rug out from under them--is much more valuable than you think. As Archie Bunker used to say to... Read more »

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