New York Consumer Law Questions & Answers
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
Q: about a stock purchased
1 Answer
| Asked
in
Consumer Law, Banking, Collections and Stockbroker Fraud
for
New York
on
Answered on Jan 2, 2019
Answered on Jan 2, 2019
Michael David Siegel's answer
It sounds like you were scammed. Call the Securities and Exchange Commission enforcement office and the FBI. Your bank has nothing to do with this. They just sent a wire to a place you ordered. Am I missing something? The "company" you are dealing with likely does not really exist in a way a civil lawsuit would lead to recovery.
It sounds like you were scammed. Call the Securities and Exchange Commission enforcement office and the FBI. Your bank has nothing to do with this. They just sent a wire to a place you ordered. Am I missing something? The "company" you are dealing with likely does not really exist in a way a civil lawsuit would lead to recovery.
Q: regarding student loan
Michael David Siegel's answer
If you have proof you lost your wallet, you can bring a claim. Furthermore, loans from for profit schools that closed have recently been forgiven. Yours might be one.
If you have proof you lost your wallet, you can bring a claim. Furthermore, loans from for profit schools that closed have recently been forgiven. Yours might be one.
Q: If I'm residing with roommates, is the personal property of theirs that they allow me to use legally considered mine
3 Answers
| Asked
in
Bankruptcy, Consumer Law and Contracts
for
New York
on
Answered on Dec 19, 2018
Answered on Dec 19, 2018
Jonathan David Warner's answer
No. If you do not have title to the property, you do not own the property.
No. If you do not have title to the property, you do not own the property.
Q: I just recently paid off a settled credit card debt and received a stipulation discontinuing action to sign. Why? Also
Michael David Siegel's answer
You are right. I should be with prejudice. Just cross it out and change it. Some paralegal is copying a form. As long as you have some writing the payment is payment in full and satisfied by settlement, you are really OK though. You want the case marked off.
You are right. I should be with prejudice. Just cross it out and change it. Some paralegal is copying a form. As long as you have some writing the payment is payment in full and satisfied by settlement, you are really OK though. You want the case marked off.
Q: Debt for legal,fees incurred by estranged husband whom I am in the orocess of divorcing in his home state Ca - debt
4 Answers
| Asked
in
Bankruptcy, Consumer Law and Family Law
for
New York
on
Answered on Nov 10, 2018
Answered on Nov 10, 2018
Timothy Denison's answer
Complicated question and not enough information. Consult a bankruptcy attorney immediately to determine your rights.
Complicated question and not enough information. Consult a bankruptcy attorney immediately to determine your rights.
Q: I being sued for credit card debt and already have filled an answer. I do not believe that they will be moving forward
Michael David Siegel's answer
The two issues are totally irrelevant. As our firm does both matters, I am familiar with this issue.
The two issues are totally irrelevant. As our firm does both matters, I am familiar with this issue.
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