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New York Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law and Small Claims for New York on
Q: I took my vechicle to an express lube place to have my oil changed and the guy put too much oil in.

It end up destroying my engine. I was taking the owner to small claims court and he wanted to go through his insurance company to settle out of court and I accepted his offer. I gave him all the receipts and documentation to file the claim. A few months went by and I haven't had any word from... Read more »

Michael David Siegel
Michael David Siegel answered on May 27, 2020

Just go to court and get a judgment and collect it.

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2 Answers | Asked in Consumer Law, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: What type of attorney specializes/handles mortgage loan modification fraud?

Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made. The homeowner made the payments to the servicer, but the modification never occurred and now is at risk for foreclosure.

Derek John Soltis
Derek John Soltis answered on May 27, 2020

Have you appealed the decision? When did you apply? What is your current interest rate?

There are a lot of factors that go into a loan modification. Just because you didn't qualify 6 months ago, doesn't mean you won't qualify now.

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1 Answer | Asked in Consumer Law and Construction Law for New York on
Q: WHAT IS THE RULING ON DEFAULT AND THE CASE GOES BACK TO THE ORIGINAL COMPLAINT AND HOW DOES THE COURT ASSES THE DAMAGES

The defendants committed fraud and were a LLC when they defaulted by failing to provide discovery and did not show up for the trial the judge told us it would go back to the original complaint where each defendant and company was liable. The judge wanted a notarized assessment . During that time... Read more »

Michael David Siegel
Michael David Siegel answered on May 24, 2020

It is unclear to me what happened to you and what you want to happen now. To answer your direct question, a plaintiff must prove damages even if a case is uncontested. The proofs are uncontested but must exist and be cognizable under the law.

2 Answers | Asked in Consumer Law and Contracts for New York on
Q: Can I get a refund from wedding venue for cancelling due to covid19 in spite of force majeure clause?

I would like to cancel my October wedding in New York due to the covid19 pandemic. The contract for our wedding venue includes a force majeure clause mentioning acts of god and governmental actions that says their only obligation is to reschedule within six months of the scheduled date, no refunds.... Read more »

Tim Akpinar
Tim Akpinar answered on May 8, 2020

As Mr. Siegel points out, it depends on the contract. It could depend on how certain terms or elements are defined or how they could be interpreted. One option to consider might be to explore the cost of a brief attorney consult to review the contract in its entirety. Unfortunately, this situation... Read more »

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1 Answer | Asked in Business Law, Products Liability and Consumer Law for New York on
Q: Can a business such as an online business, sell a product under an entirely different name than the manufacturer calls

For example: the producer (A and Co) of a chair calls it "Destiny Chair" The third party site selling the chair puts it up on its site under and entirely different name i.e. "Rhodes Chair". This can prevent competition because if i were to look up the name "Rhodes... Read more »

Tim Akpinar
Tim Akpinar answered on May 7, 2020

You could try reposting your question in the Trademark and Intellectual Property sections. This isn't really a product liability matter (which is about injuries from dangerous or defective products) There's no guarantee that all questions are picked up, but it sounds like you're... Read more »

1 Answer | Asked in Consumer Law and Employment Law for New York on
Q: NY CPLR 3217(b) - Do I need to Do Anything? I would like to keep the plaintiffs from coming back later and filing

I have been involved in a bogus lawsuit with a former employer. The main defendant died of cancer in 2019. They originally filed a motion to remove him; then COVID-19 happened and everything was put on hold. Now they have filed a Motion of Order pursuant to CPLR 3217(b) permitting a voluntary... Read more »

Michael David Siegel
Michael David Siegel answered on May 6, 2020

Too many pronouns and not enough information. Are you a plaintiff or defendant? If a defendant, do you have counterclaims or crossclaims? There is a usual form for this, and in general, it is in your favor to have this happen. A lawyer could review everything for a few hundred dollars.

1 Answer | Asked in Banking and Consumer Law for New York on
Q: Illegal repossession of a vehicle laws associated with.
Jonathan David Warner
Jonathan David Warner answered on May 5, 2020

I'm not sure what the question is. Please elaborate.

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: My orthodontist is closed for Corona. They are mailing their patients their invisalign trays and charging $75. Allowed?

My orthodontist located on the upper east side in Manhattan is closed due to corona. However, people who wear Invisalign (like me) need our next set of trays. The orthodontist said they will mail all patients their trays to their home, but they will charge everyone a universal fee of $75.00 because... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 23, 2020

You raise a valid point, but the office could argue they incur packaging, handling, and other costs as a result of the measures. Unlike standard fees for duplicating medical records, something like this might not be directly addressed by health laws. The recent crisis is creating new issues for... Read more »

1 Answer | Asked in Consumer Law and Estate Planning for New York on
Q: Cell phone tower on building next door shooting signals right into our apartment

We live on the 8th floor. Right next to our building is another building which has 6 floors and cell phone towers on the roof. One of the antennas is shooting right next into our apartment (its right across our windows, less than 50 yards). First we didn't pay attention to it but then we... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 15, 2020

An attorney couldn't comment meaningfully on this data. An electrical engineer, microwave engineer, health professional, or other professionals familiar this field would be in a better position to have insight into this. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Banking for New York on
Q: Bank changed my routing number. Now I'm over a month with no unemployment.

Now I gonna get hit with all these fees. My checks have the old routing number and were told that information was good and didn't need new checks. Fast forward now, after I was barely able to sign up for unemployment, I still have no money.

Tim Akpinar
Tim Akpinar answered on Apr 12, 2020

I'm sorry for your ordeal. Unfortunately, it has become difficult to conduct many ordinary banking operations because of the health crisis out there, with some banks maintaining lobby service, some drive-through only, and some only online or through appointment. Try to see if the bank could... Read more »

1 Answer | Asked in Business Law, Contracts and Consumer Law for New York on
Q: I want to sue a company called a Fiverr for stealing $320 from me? How much can I charge for damages?

If I lost the lawsuit would I have to pay them money?

Sharon M. Siegel
Sharon M. Siegel answered on Apr 4, 2020

When the courts reopen, it is a small claims matter. You do it yourself. You do not have to pay them costs if you lose.

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Will I be able to get my money back?

I hired a dress designer who gave me a deal on a dress where if I referred two people the dress would be half off. I did the promotion paid her $975 and she insisted i hadn’t completed the promotion and if I wanted the dress I would have to pay $825 more. She sent me a video of the dress and the... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

When the courts reopen, you can file a small claims case.

1 Answer | Asked in Business Law and Consumer Law for New York on
Q: We purchased an extended warranty from a company and they are declining to do the repairs my parents are elderly pls hel

The car broke down in MD but my parents live in bronx NY

Tim Akpinar
Tim Akpinar answered on Mar 19, 2020

Consider making arrangements for bringing the car back to New York for the meantime, because these disputes can take time and storage costs can pile up. Individual warranties can vary, but one defense that can confront the vehicle owner is that repairs are not covered because they fall under... Read more »

4 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: My husband and I need to declare Bankruptcy but cannot afford to. Are there free programs to help us?
Karra Kingston
Karra Kingston answered on Mar 5, 2020

There are legal services to help if you qualify but you may have long waiting times! I highly advise speaking with a lawyer many have payment plans that can really help you! And make sure your case goes smoothly!

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1 Answer | Asked in Business Law, Consumer Law, Gov & Administrative Law and Public Benefits for New York on
Q: Can an organization use a Established nonprofit’s name with no relation to it in a marketing campaign?

It would be used in a campaign to bring legislative awareness to a cause no related to the nonprofit with the name.

Tim Akpinar
Tim Akpinar answered on Feb 28, 2020

It could depend on the context. If the organization alleged that such use adversely impacted its reputation or other interests, it could object to the use or bring legal action. There's no way to predict what an organization would do. One option is to consult with an attorney familiar with the... Read more »

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for New York on
Q: Can a bank take my moms money out of her account to pay my loans without permission, but said they did? They did not

I am three months over due in my loans. My mom and I are members of the same credit union. She is not however, a cosigner on any of those loans. They took $500 out of her account to pay it. Upon calling about it, they stated I gave them permission. I most certainly did not, not even close! My mom... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 13, 2020

The only explanation is that you are a signer on one or more of your mother's accounts at the credit union? Otherwise they are not supposed to do what you say they did.

1 Answer | Asked in Consumer Law and Animal / Dog Law for New York on
Q: Adopted a dog out to an out of state customer. Wrong dog was sent, now they won't exchange. Dog was already adopted.

They received the wrong dog, now they won't exchange for the correct dog. Other customer had already adopted that dog and would like the one they adopted.

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 19, 2020

A properly drafted purchase agreement should deal with this possibility. If not, it is up to you to provide a reasonable replacement or refund their money.

1 Answer | Asked in Consumer Law, Identity Theft and Stockbroker Fraud for New York on
Q: Financial brokerage house paid out funds from the account of a deceased accountholder - the broker did not know of death

Broker was a national security dealer. When broker learned of death did not disclose post-death withdrawals from account to estate fiduciary.

Michael David Siegel
Michael David Siegel answered on Nov 22, 2019

Who are you to this deal? It may not be prejudicial. Depends on where the money went and where it was supposed to go. If to you, you can sue. The broker cannot be liable for not knowing of death, but can be liable if it should have known authorization was improper.

2 Answers | Asked in Consumer Law and Contracts for New York on
Q: Can I sue someone in another state?

I hired a contractor for some home repairs. He didn't complete the work and moved to another state.

Is there anything I can do?

Michael David Siegel
Michael David Siegel answered on Nov 13, 2019

Sue here. Get a default, and move judgment to where he is.

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1 Answer | Asked in Consumer Law for New York on
Q: I need help fighting a bill in collections that i never should have had in the first place

In 2012 i attended UCCC and when i bought my books from the bookstore on campus the attendant rented one of the books instead of putting it through for purchase, i was never informed of this and now they are withholding my transcripts until i pay for the book. I agreed to do this but the 12.12 i... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 7, 2019

You need to dispute the debt and contact a debt collections attorney in your area for a consultation asap. If they are wrongly trying to collect on this debt and unjustly holding your transcripts you may have incurred damages entitling you to a recovery. Each State has it's own Debt... Read more »

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