Lawyers, Answer Questions  & Get Points Log In
New York Consumer Law Questions & Answers
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.

View More Answers

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

View More Answers

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 »

1 Answer | Asked in Consumer Law for New York on
Q: Yesterday, May 18th, I went to a local Nissan dealer and did paperwork for a new SUV. No money was exchanged as I am to

return tomorrow with a 500 dollar check so the process to locate my desired SUV can begin. I realized when I got home that the "deal" I was given was no deal at all. I am a diabetic and yesterday my blood sugar levels were so low I could barely think straight. I either want to re negogiate the... Read more »

Michael David Siegel
Michael David Siegel answered on May 20, 2019

No. You can cancel in writing. Make sure you write a cancelation and proof of delivery today.

1 Answer | Asked in Arbitration / Mediation Law, Contracts, Consumer Law and Lemon Law for New York on
Q: Dell sold me a 5k defective laptop and downgraded its hardware, can I get around their mandatory arbitration agreement?

Dell knows they sold me a 5k lemon that never worked because both graphics cards were never recognized, and it was missing a blu ray burner that I paid for and I have the documentation, e-mails, phone calls and tracking numbers to prove it. Dell know that instead of repairing my computer in June... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

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.

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for New York on
Q: Do Money judgments in New York need to be renewed for a second 10 year term, or the judgment automatically lasts 20?

I see it says 20, but I have been coming across forums that say that it must be renewed in 10 to last another 10.

Karra Kingston
Karra Kingston answered on Mar 26, 2019

It lasts for ten years but they have the right to renew the judgment so it lasts for 20 years

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.