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1 Answer | Asked in Real Estate Law for New York on
Q: In NY State, Can a homeowner sale a house without disclosing that an addition has been built half over the septic tank.
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 21, 2024

Building an addition over a septic tank would likely be considered a material defect that should be disclosed. New York law provides sellers with an alternative to completing the Property Condition Disclosure Statement. Sellers can opt to pay a $500 credit to the buyer at closing instead of... View More

2 Answers | Asked in Collections and Consumer Law for New York on
Q: How can I dispute a collection agency or get a reduced price for a college tuition debt

I graduated two years ago from Lock Haven Pennsylvania but I was unable to pay the last semester of my tuition and it got send to an agency what can I do to get this amount reduced or completely cut, or how can I get the college to release my actual transcript

Tim Akpinar
Tim Akpinar
answered on Nov 20, 2024

It could depend on the agency. Some are more aggressive than others. You could try to negotiate a lower figure if you are newly out of school and struggling. They MAY or MAY NOT be receptive to your attempts. No one here can say what their position will be. They could say no. If you DO succeed in... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Gov & Administrative Law for New York on
Q: Can probation hold my license hostage even tho I had a probation revoked, finishing my time in jail

Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More

Michael S Pollok
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Michael S Pollok pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

Your lawyer should write a letter to the judge and ask him/her to order probation to return your license. You may also be able to clear your license with the DMV and simply get a new license from them if your statutory revocation period has ended and you are no longer on probation supervision.

1 Answer | Asked in Medical Malpractice and Wrongful Death for New York on
Q: My wife died via suicide. Being treated by doctors and a hospital. EMS refused to work on her.

My wife died via suicide. She was being treated by a private practice doctor and was brought to the ER twice over her rapid decline from "anxiety". When I found her on the day of her death, she was still breathing and heart beating. EMS refused to work on her saying the wound was mortal.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 15, 2024

So sorry for your loss. Whether you have potential malpractice case will depend on whether the EMTs treatment of your wife departed from the standard of care and whether any such departure caused harm to your wife (an uphill climb if your wife had suicidal ideations). The only way to assess the... View More

2 Answers | Asked in Personal Injury for New York on
Q: Is there a set price limit for a negligence lawsuit

Im suing a funeral home/cemetery for negligence mishandling and recklessness and my lawyer wants to settle for 150,000

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 15, 2024

There is no limit on how much you can sue someone for. That said, both the trial court and appellate court can reduce a verdict if it "deviates materially" from what would constitute fair and adequate compensation for the alleged harm. Speak with your lawyer and ask why the settlement... View More

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4 Answers | Asked in Bankruptcy for New York on
Q: I've paid 13 months on a chapter 13 bankruptcy so far. I am really struggling to make the payments.

My income consists mainly of Social Security a small New York state pension and I work part-time for 3 months out of the year doing income taxes. I don't understand why my lawyer put me in this chapter 13. Trying the best I can and I'm running out of money

Jonathan David Warner
Jonathan David Warner
answered on Nov 14, 2024

There are a few potential reasons for your being in a Chapter 13, but the ones that I can come up with are:

1. You've filed for Chapter 7 within the last 8 years and your only option for bankruptcy is to file under Chapter 13; or

2. You could not afford to pay an attorney fee...
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4 Answers | Asked in Bankruptcy for New York on
Q: I've paid 13 months on a chapter 13 bankruptcy so far. I am really struggling to make the payments.

My income consists mainly of Social Security a small New York state pension and I work part-time for 3 months out of the year doing income taxes. I don't understand why my lawyer put me in this chapter 13. Trying the best I can and I'm running out of money

Howard E. Knispel
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Howard E. Knispel
answered on Nov 14, 2024

The most common reasons a person files under Chapter 13 is either they earn too much and therefore are ineligible under Chapter 7 or they are in arrears on their mortgage. If your earnings are below the mean test threshold then it may mean you are behind on your mortgage and want to keep your... View More

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3 Answers | Asked in Divorce for New York on
Q: In NYS, do I have to continue paying my ex-wife maintenance payments if she moves in with another guy?
Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

Yes!, unless your separation -Property settlement agreement contains a paragraph terminating alimony/maintenance upon continuous cohabitation with an unrelated male. There is another but more costly route a motion in Supreme court to cancel alimony/maintenance based on holding out as the spouse of... View More

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1 Answer | Asked in Real Estate Law for New York on
Q: FHA APPRAISAL SHARE GARAGE

I’m recently divorced and signed an agreement to pay $190,000 to keep the house. The bank asked me for the agreement to start the process of refinancing. I was conditionally approved for refinancing, and after signing all the necessary paperwork, including transferring the title solely to my... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 13, 2024

While this is a setback, it doesn't necessarily mean the refinancing can't proceed. The key will be working closely with your lender and providing all necessary information to address the FHA's concerns about the shared garage. The lender must ensure that the subject property's... View More

1 Answer | Asked in Business Formation for New York on
Q: I am looking to form an LLC for my rental property business in Pennsylvania. I live in New York. Interested in Wyoming

Interested in the protections of Wyoming, but don't know if I should just stick with Pennsylvania or New York. My main concerns are asset protection and tax savings

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 12, 2024

For a Pennsylvania rental property, a Pennsylvania LLC would seem the most efficient and cost-effective option for minimizing extra filings, and fees, while maintaining direct asset protection within the state where the property is located. While Wyoming offers excellent asset protection and no... View More

2 Answers | Asked in Real Estate Law for New York on
Q: After a deed in lieu is signed what happens next to borrowers
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 12, 2024

In some cases, if the sale of the property does not cover the outstanding mortgage debt, the lender may pursue a deficiency judgment to recover the remaining balance. New York is a judicial foreclosure state, meaning any deficiency judgment must be pursued through the courts. However, in some... View More

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3 Answers | Asked in Immigration Law for New York on
Q: My girlfriend is on a student visa that expires 6 months after graduation we plan to get married after college

How can we stay in the US together after we get married while we wait for her legal status and can she still stay after we get married even if her student visa expires

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 11, 2024

A foreign national (FN) in the US on a student visa who is married to a US citizen can be sponsored for an immigrant petition petition and may concurrently apply for adjustment of status. The aforementioned FN may stay in the US while waiting for the green card to be approved.

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: How do I get in?

I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

I'm sorry for your ordeal. You may have already explored various avenues for coverage if you are without insurance and have been dealing with this on a long-term basis. One option could be to try to contact social workers at the hospital. Another could be to look into public plans, whether... View More

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: How do I get in?

I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 11, 2024

Sorry to hear what you're going through. As my colleague correctly advised, you need to get some form of health insurance, either through Medicaid or the marketplace, https://nystateofhealth.ny.gov/

That said, you cannot dictate to any medical provider how you should be treated -...
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2 Answers | Asked in Family Law, Adoption and Civil Rights for New York on
Q: Can judge and attorney repeatedly Request me to admitt guilt in a violation hearings . I didn’t want to. But I did.

I began testifying in a violation fact finding trial brought on by CPS. Suddenly, the judge stopped me and had a private meeting with attorneys. My attorney then suggested to me that I admit guilt as it is favorable to the judge I said I didn’t want to because I would be silenced and I want... View More

Howard E. Knispel
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Howard E. Knispel
answered on Nov 6, 2024

In a neglect case CPS usually requests an admission so as to try to start the Respondent to repair their relationship with the child through social services such as parenting classes, rehab or whatever is required depending on the accusations. You do not have to admit and can request a hearing.... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: If my neighbor sold his home after he was made aware a year and a half ago that his fence was on our property

He offered us $1000 in the beginning and we declined.now the sale of the home is pending and he still hasn’t resolved it he refuses to give us his real estate attorney’s info so we can let the buyers bank who paid for the survey that their is a dispute . We put in a small claims complaint to... View More

Carl Nelson
Carl Nelson
answered on Nov 4, 2024

If you’re not part of the transaction I’m unclear how or why you are involved. I understand you may be trying to help someone else, but you may not be apprised of all of the facts in a deal you are not a part of, and in any event I’m not sure what basis you would have to put a cloud on title.... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: If I have a family court order that says my fiancé and I can be together does that supersede county court like criminal?
Stephen John Riebling
Stephen John Riebling
answered on Nov 4, 2024

If a criminal court has issued an Temporary or Permanent Order of Protection, then you will need to see if that Order of Protection can be modified by a subsequent order of the Family Court. It is usually either written or "checked" on the Order of Protection. If the Order of Protection... View More

3 Answers | Asked in Family Law and Child Support for New York on
Q: I have 2 children, 18 and 16. Ex wants me to pay half for 18 yr olds vehicle. I said I would pay for 16 yr olds vehicle

18yr old lives with ex;; 16 lives with me. Decree does not address topic. I do not want to pay for a vehicle that I don’t own, insure or have control over especially when there is another child that will need a vehicle in 12 months.

Ms. Norka M. Schell
Ms. Norka M. Schell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2024

In situations like this, it's important to consider both your legal obligations and the practical implications of your decisions. Here are some steps you might take:

1. Even if the custody decree does not specifically address expenses like car purchases, it may provide guidance on...
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3 Answers | Asked in Family Law and Child Support for New York on
Q: I have 2 children, 18 and 16. Ex wants me to pay half for 18 yr olds vehicle. I said I would pay for 16 yr olds vehicle

18yr old lives with ex;; 16 lives with me. Decree does not address topic. I do not want to pay for a vehicle that I don’t own, insure or have control over especially when there is another child that will need a vehicle in 12 months.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2024

The only possible way for the asker to be responsible for paying for one half of a vehicle is if his order of support - whether contained in a judgment of divorce or otherwise - contained a specific provisions for him to provide vehicles.

Vehicles are not ordinarily a part of an order of...
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1 Answer | Asked in Family Law for New York on
Q: My son’s father lives out of state. We have a parenting contract as he suddenly decided to move.

He is supposed to go to see him out of state 12/19-12/29 but is refusing to give me flight information. If I do not receive it can I deny him the right to take him? He does not pay child support bc he is going off the divorce agreement when he lived in NYS.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2024

We do not know and are not told if the "parenting contract" is ordered by the family court or is an informal contract entered into by the parents. If the contract is ordered by a judge in a family court, then the parties must adhere to its requirements or face sanctions. The visiting... View More

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