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New York Consumer Law Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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

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1 Answer | Asked in Consumer Law, Landlord - Tenant and Real Estate Law for New York on

Q: regarding housing and landlord

if the land lord failed to make repairs and put my kids in danger, i am still married but live out of states due to work, i pay the full rent and come see my kids, i try to make some repairs, can i take the land lord to court to supreme court instead of housing court which is a joke to me, what... Read more »

Elaine Shay answered on Mar 25, 2019

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.

1 Answer | Asked in Consumer Law for New York on

Q: Can US credit card creditors put a lien on a Canadian property?

Michael David Siegel answered on Mar 5, 2019

Not without a substantial effort that no creditor ever does.

1 Answer | Asked in Consumer Law for New York on

Q: Other than credit score damage and phone calls, what are consequences of walking away from credit card debt?

What would a judgment entail if no home is owned and only income is from Soc Security?

Michael David Siegel answered on Mar 5, 2019

Being sued and getting a judgment.

3 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for New York on

Q: Bankrupt Rescap failed to file Mortgage Satisfaction for loan pd in 1999, who should we file motion against?

Ocwen has a record that it's paid, but won't give us a copy of it. Title company requiring satisfaction and payoff check to release funds, they are not available to us, Mom is deceased. Title company knows that ResCap/GMAC went bankrupt. Ocwen has no legal obligation to provide a satisfaction... Read more »

Elaine Shay answered on Feb 28, 2019

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.

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1 Answer | Asked in Consumer Law and Civil Litigation for New York on

Q: How can I remove an attorney on record when can't contact the attorney on record?

I bought the judgment and an assignment was filed but the captain was not amended, now the defendant tries to vacate the judgment, I tried to remove the attorney on record who filed the case, but I can not find him.

Michael David Siegel answered on Feb 20, 2019

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.

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for New York on

Q: I was recently given an auto loan for more than what was discussed and agreed.

The agreement was that "as long as I payoff the car loan within the first few months of the financed loan, the payoff price would be $7000" but if the loan wasn't paid within that time period the loan would be $11,500 (as it is right now). I signed the agreement after being told this. I recently... Read more »

Michael David Siegel answered on Feb 16, 2019

Not against the bank, but maybe against the dealer depending on the evidence you have on the tape.

1 Answer | Asked in Consumer Law, Antitrust and Communications Law for New York on

Q: Telecom disconnects service without notice.

My local (New York City) telecom company disconnected service (phone + internet) without notice. To have it reestablished, they’re asking for installation fees (to run new connection cables) and increased monthly charges. Is this action warranted under law?

Jonathan David Warner answered on Feb 14, 2019

If the bill was not paid, they have the right to disconnect.

Good luck.

3 Answers | Asked in Consumer Law and Criminal Law for New York on

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 answered on Feb 14, 2019

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.... Read more »

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