New York Consumer Law Questions & Answers
Q: Dell sold me a 5k defective laptop and downgraded its hardware, can I get around their mandatory arbitration agreement?
1 Answer
| Asked
in
Arbitration / Mediation Law, Contracts, Consumer Law and Lemon Law
for
New York
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
IMPO, the arbitration clause in the contract is valid regardless of how bad the laptop was when Dell sold it to you--or how many terrible things Dell has done since--or how much proof you have against Dell.
IMPO, the arbitration clause in the contract is valid regardless of how bad the laptop was when Dell sold it to you--or how many terrible things Dell has done since--or how much proof you have against Dell.
Q: Do Money judgments in New York need to be renewed for a second 10 year term, or the judgment automatically lasts 20?
2 Answers
| Asked
in
Bankruptcy, Consumer Law and Collections
for
New York
on
Answered on Mar 26, 2019
Answered on Mar 26, 2019
Karra Kingston's answer
It lasts for ten years but they have the right to renew the judgment so it lasts for 20 years
It lasts for ten years but they have the right to renew the judgment so it lasts for 20 years
Q: regarding housing and landlord
1 Answer
| Asked
in
Consumer Law, Landlord - Tenant and Real Estate Law
for
New York
on
Answered on Mar 25, 2019
Answered on Mar 25, 2019
Elaine Shay's answer
Generally, the most appropriate forum to demand repairs in a landlord/tenant situation is in Housing Court through an HP Proceeding. It would be unusual, costly and most probably substantially slower to try to commence a case in Supreme Court to compel repairs.
Generally, the most appropriate forum to demand repairs in a landlord/tenant situation is in Housing Court through an HP Proceeding. It would be unusual, costly and most probably substantially slower to try to commence a case in Supreme Court to compel repairs.
Q: Bankrupt Rescap failed to file Mortgage Satisfaction for loan pd in 1999, who should we file motion against?
3 Answers
| Asked
in
Consumer Law, Real Estate Law and Civil Litigation
for
New York
on
Answered on Feb 28, 2019
Answered on Feb 28, 2019
Elaine Shay's answer
If I understand you post correctly, you may need to do more than file a motion in bankruptcy court. Instead you may have to commence an action to quiet title.
If I understand you post correctly, you may need to do more than file a motion in bankruptcy court. Instead you may have to commence an action to quiet title.
Q: How can I remove an attorney on record when can't contact the attorney on record?
Michael David Siegel's answer
You do not have to remove an attorney for post-judgment litigation. An engagement ends with the judgment. However, when you buy a judgment you buy it with any impediments, including that it might be vacated.
You do not have to remove an attorney for post-judgment litigation. An engagement ends with the judgment. However, when you buy a judgment you buy it with any impediments, including that it might be vacated.
Q: I was recently given an auto loan for more than what was discussed and agreed.
1 Answer
| Asked
in
Consumer Law, Lemon Law and Small Claims
for
New York
on
Answered on Feb 16, 2019
Answered on Feb 16, 2019
Michael David Siegel's answer
Not against the bank, but maybe against the dealer depending on the evidence you have on the tape.
Not against the bank, but maybe against the dealer depending on the evidence you have on the tape.
Q: Telecom disconnects service without notice.
1 Answer
| Asked
in
Consumer Law, Antitrust and Communications Law
for
New York
on
Answered on Feb 14, 2019
Answered on Feb 14, 2019
Jonathan David Warner's answer
If the bill was not paid, they have the right to disconnect.
Good luck.
If the bill was not paid, they have the right to disconnect.
Good luck.
Q: My daughter was caught shoplifting, she’s an18 year old college student. What will happen to her? Court date is feb 28
Kristen Epifania's answer
If this is her first offense, depending on the amount of items, she will likely receive an ACD with the condition that she completes a short one day shoplifting program. The ACD means that the case will be adjourned for six months and then dismissed and sealed, as long as there are no new arrests. She can hire an attorney beforehand, or the court will assign an attorney to her case on that date if she doesn’t appear with one.
If this is her first offense, depending on the amount of items, she will likely receive an ACD with the condition that she completes a short one day shoplifting program. The ACD means that the case will be adjourned for six months and then dismissed and sealed, as long as there are no new arrests. She can hire an attorney beforehand, or the court will assign an attorney to her case on that date if she doesn’t appear with one.
Q: How do I start to end credit card fraud and I think I know who did it to me?
2 Answers
| Asked
in
Consumer Law, Criminal Law, Identity Theft and Small Claims
for
New York
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Michael David Siegel's answer
Contact the credit card companies to report it. Report it to the credit bureaus as a fraud. File a police report.
Contact the credit card companies to report it. Report it to the credit bureaus as a fraud. File a police report.
Q: My company only sells used computers, can I advertise an apple logo on the website under a"Used brands we sell" tab?
1 Answer
| Asked
in
Business Law, Consumer Law and Contracts
for
New York
on
Answered on Feb 12, 2019
Answered on Feb 12, 2019
Jonathan David Warner's answer
If you don't mind the potential of being sued by Apple, go ahead. Otherwise, you might be better off not taking the risk.
Good luck.
If you don't mind the potential of being sued by Apple, go ahead. Otherwise, you might be better off not taking the risk.
Good luck.
Q: I went thew a foreclosure and filed Chp.7 bankrupcy after a LLC filed a referee deed on my property. They are not on my
Timothy Denison's answer
You should reopen the bankruptcy, amend your schedules and matrix to add them, and then you will have protection from them, assuming their cause of action was prepetition.
You should reopen the bankruptcy, amend your schedules and matrix to add them, and then you will have protection from them, assuming their cause of action was prepetition.
Q: Do I have a case if so what do I do
Jonathan David Warner's answer
So, you want to sue over a Facebook game...?
Read over the agreement you signed when you gave them money. This is likely where the trail will end, as you'll quickly discover that they probably have the right to do what they did.
Also, how much did you pay them? If we're talking about a few hundred dollars or less, it will cost significantly more to sue the company - if you have a case - than what you'd pay for an attorney.
Your best bet is to minimize longterm service...
So, you want to sue over a Facebook game...?
Read over the agreement you signed when you gave them money. This is likely where the trail will end, as you'll quickly discover that they probably have the right to do what they did.
Also, how much did you pay them? If we're talking about a few hundred dollars or less, it will cost significantly more to sue the company - if you have a case - than what you'd pay for an attorney.
Your best bet is to minimize longterm service...
Q: Debt collector won a judgement on my brother and was going to garnish his wages. The debt is over 10 years old
Jonathan David Warner's answer
I believe that I just answered this question a few minutes ago. See my prior posting.
I believe that I just answered this question a few minutes ago. See my prior posting.
Q: I was just served a summons for credit card debt in NY. only income is retirement benefits and social security.
Michael David Siegel's answer
Answer the summons. Your bank account can be frozen if there is a judgment. You might be able to unfreeze it with an exemption. Do not send a letter. Answer the case. Now that the case is in court, and payment arrangement should be in writing and a court order.
Answer the summons. Your bank account can be frozen if there is a judgment. You might be able to unfreeze it with an exemption. Do not send a letter. Answer the case. Now that the case is in court, and payment arrangement should be in writing and a court order.
Q: Excuse me?
2 Answers
| Asked
in
Consumer Law, Civil Rights and Landlord - Tenant
for
New York
on
Answered on Jan 31, 2019
Answered on Jan 31, 2019
Elaine Shay's answer
In order to evict a tenant in New York City, a case must be commenced in Housing Court. Before commencing the case, certain predicate notices must be served. If you are a tenant without a written lease in a non-regulated apartment, you should expect to receive a 30 Day Notice before any court papers. Once a judgment of eviction is obtained in Housing Court, the court has the ability to stay the eviction for a maximum of six additional months.
In order to evict a tenant in New York City, a case must be commenced in Housing Court. Before commencing the case, certain predicate notices must be served. If you are a tenant without a written lease in a non-regulated apartment, you should expect to receive a 30 Day Notice before any court papers. Once a judgment of eviction is obtained in Housing Court, the court has the ability to stay the eviction for a maximum of six additional months.
Q: How can one be sued and lose a judgement for a 10yr old debt that has never shown on a credit report or affected score
Michael David Siegel's answer
Anyone can sue anyone. The statute of limitations is a defense that must be pled. If you defaulted, you can lose.
Anyone can sue anyone. The statute of limitations is a defense that must be pled. If you defaulted, you can lose.
Q: student loan forgiveness
1 Answer
| Asked
in
Consumer Law, Collections and Education Law
for
New York
on
Answered on Jan 2, 2019
Answered on Jan 2, 2019
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