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Found 155 results

  1. I have a question to ask, I appreciate your help. One company deposit $700 dollars in my bank account by mistake at January 21 2017. This company I registered as a part time interpreter in June 2016. But I never work for them ever. At January 21st 2017 my bank account has $700 deposit from this company. At that time I don't know what to do and I am not sure who send to me. I asked me sister about this, She said waiting and see. So I ignore about this until in March 15th I received a phone call from my bank said a company deposit $700 dollars in my bank account by mistake. Do I agree the bank take back? I said no because I totally don't know what happened there. I want the company contact me and explain what happened. Around April 20th I received a phone call from the company required me give back the money, He ask me bring the check to his office. I feeling like what!!!!!!!!. You should apology for your own mistake but he didn't and even required me bring a $700 dollar check to his office. I was angry and asked him send me a email to explain why this happened (actually I want him use a good attitude to talk to me, not seems like I steal his money). He didn't reply till yesterday by email. His first email again required me return the money but same attitude, blame me I didn't notify them about the money when I received. I said OK I will return through the bank. Let the bank contact me, I will agree the bank take the money back. The second email he send to me give me warning and a due date to return otherwise take legal action, if I don't return by two ways, either by check or ACH. I was really angry to this. because between our conversation his attitude make me feel it's my mistake. I already agree return through the bank but they don't agree. If I return through my personal bank check I will feel I stolen his money and it's my mistake. Do I have the right to insist return through the bank? What should I do?Appreciate if you can give some suggestion.
  2. Mr:

    My tenant is refuse to clean the yard after his big dog (Pit-bull) Running unattended freely. Make his business wright at my door is disgusting! digging holes on my property! Unable to take care off my property. Anther tenant is to complain nowhere to step. The tenant is without a lease (contract expired ) continuously late rent payment! What can I do? For Eviction have no money! Is there any Authority to make him clean up the yard? It s his duty! Thank you.
  3. I was staying in the Clifton Park, NY 12065 for last 3 years before I moved to CA. My lease period was March -Feb. My current lease period was March 2017 - Feb 2018. I had to renew the lease in the beginning of Jan as my new company visa process was not even started at that time. I left Clifton Park on Feb 22. They asked me to pay the rent until apartment is rented again. They did not refund my deposit. I even paid them rent of March and April as well. I called them many times to check if someone came in the apt, they replied no. Finally I asked one of my friend staying there to check. He confirmed that apartment is rented and someone is staying there from Apr 15. So I called them again last week (~Apr 30) and they still mentioned that it is not rented yet. I told them that I checked and stop lying. I asked them to refund rest of my April rent as I already paid for April. Now instead of refund they send me the letter for the damage (total amount of damage minus rent refund, Apr 14-30, is >$2000.00) after 3 months I left the apartment. I know that we cleaned and apartment had no damage of any kind. We (family of 4 includes 4 middle school kids) never did anything wrong and paid rent before time always. Should I be worried? I am stressed because of that. I know that they are cheating with me but I dont know what to do. Please advice.
  4. A will was written prior to marriage. The marriage was 5 years ago and the will was never changed. In the will are his children only, for obvious reasons the wife is not in it. The wife is telling the children "screw you I am living in this house as long as I want and I am not paying anything" They have not seen a lawyer yet as the father was just buried yesterday. The daughter is the executor of the will and we were just wondering if they will be going by the will or if the wife automatically gets everything. I really hope that makes some sense to someone. My best friend is the one going through this and as she is crying on the phone to me I am trying to comprehend what she is saying and type it out.
  5. A minor was charge in the first degree to another minor. minor charged had no previous crimes and is a good student victim is minors sister and not forced.
  6. Under New York State Human Rights Law, is there any prerequisites required like a right to sue letter like required when filing for Title VII Civil Rights Claims. Can you file directly without any prerequisites?
  7. Looking for someone to review a amended pleading filed under the Lmrda and Human Rights. I am filing pro se and I am looking for advice on if the pleading is filed properly. If you are unable to help thank you for your time. Any help would be much appreciated. Thank you in advance.
  8. I reside in the state of New York. My 2 year old child's biological father resides in the state of Tennessee. We were never married. DNA testing was conducted through the court and I was awarded child support for my son. His father has never made one payment, never sought contact with my son via webcam, telephone, or physical visits while his father was visiting NY (he comes to NY once a month to visit family), never inquires about the well being of this child. As of last month, my sons father had sent a text expressing he no longer wishes to have contact and will consider any communications attempted to be harassment. In the conversation prior to this statement, he stated he would willingly have his rights terminated. He also has one older child in which his rights were terminated through the court. I have been attempting to research my options at this point, but am confused as a majority of information available online is very vague to someone who is uneducated in proceedings of the law. Even through a court proceeding would termination be possible? Ive found articles stating that there would have to be an adoption process involved for a judge to even consider termination of the parental fathers rights, but there are also articles stating that isnt required. Any informed response would be greatly appreciated.
  9. I am currently a military spouse starting an online personal training website. I will be providing health coaching services and training programs to my clients. I am technically a North Carolina resident though we live out of state, because military service members and their family members are allowed to keep their home residency while they are active duty. Am I allowed to base this small online business out of North Carolina, even though I will be working from home out of state? Thank you!
  10. Previously it had been explained to me in this forum, that when leasing a car an industry standard" is to charge a re-stocking fee, This fee is charged when you do not purchase the car - or buy another car of the same make. But let me explain a little further. On the lease contract itself there is indeed a box which mentions this fee. It was my error to not notice it at signing. However, there is no explanation as to exactly in what manner this fee is to be repaid. In this case, first I called the company and after discussing the fee with them, they did lower the amount owed. Again however, nothing was mentioned as to exactly how it was to be repaid. I received a bill for the amount negotiated down. At that time it mentioned how much was due and a date when it was due. This is a couple years after the initial amount was signed for with no explaination of terms. I mailed in a small amount. The next month I received a bill minus the amount I paid and giving a due date. I mailed in another small amount. The third month I recveived a phone call message on my machine stating I needed to return the call. It did not say exactly what it was about. I returned the call and found out it was a collection agency! They said the company had sold my debt to them and if I didnt' pay it in full immediately it would go to Collections. I received no prior warning by phone or mail or email. Is this whole process legal as to how they are allowed to collect their monies when terms were never initially agreed to? Thank you.
  11. Our firm represents the landlord in housing court, where the landlord has rented an apartment to his tenant. In this particular case, however, the landlord and tenant are related. After years of problems with his daughter (ie: non-payment of rent, destruction of property, argumentative), the landlord has decided that it would be best if he were to take legal action, and proceed with an eviction. All of the necessary documents were filed correctly in housing court, and the landlord and tenant have been going back and forth with OSC's, adjournments, etc. During the last proceeding, the tenant discussed the fact that her and the landlord are in fact family, and this shouldn't happen to her. Finally, the judge stated that this case should be heard in the Family Court, because they are family, and thiswas not her jurisdiction. Would going to family court resolve the landlord-tenant issues consistent within this family?
  12. I have received a bill (as have others I know) from a medical facility (same facility as others who have received such bills) for an appointment I had which occurred one year or more After the appointment. I believed I had paid my co-pay at time of appointment. Now I can't find my receipt. Is there a time frame attached as to how long after a service is performed that it can legally be billed? Is there a time frame attached to any kind of service as to when it can be billed - and after which it is now longer legal to bill?
  13. Me and someone have a vehicle together, both names are on the vehicle title. One name is on the loan.... the motor blew and I pulled the motor out and am waiting to get a new one, can I be arrested for pulling the motor out of my vehicle if there's a lien on it ? And the other owner now wants the car back and went to the cops today but I haven't heard anything from them. Can someone please reply and give me advice... much appreciated thank you!
  14. my case lasted over 5 years , the judge sent us to a referee , the case was settled ,, papers were signed , i was told that the lawyer had 3 or so months to write up the papers so my lawyer can look them over and send to the judge, to sign the final decree, as of now i am waiting over 9 months and still nothing,, is there anything i can do about this
  15. I was walking my dog and slipped on ice in an apartment building driveway resulting in surgery. My insurance company is asking for specifics because they believe it was the result of an accident or injury that could be covered by someone else. The apartment building has a sign "no trespassing", but i cut through to get to a park for the dog. Should i provide the apartment information to my insurance company or just ignore it?
  16. Not too long ago I ran into the bro of a man I testified against. His charges was was attempted robbery and murder and possible sentence of 15yrs to life. Well he got life and now his bro is going around telling everyone I'm a snitch, rat and lied and not to deal with me and other things and now I keep having aniexty and panic attacks, crying, pacing, basically a nervous wreck. I am disabled, go to therapy for it, receive ssd for it. Is this witness harassment?
  17. I was on workers compensation ,then my status was changed to sick leave while i was still out on a work related injury. what can i do ? did the employer discriminate against me? (i was the only one she did this to)
  18. Is it true that when doctor's office is paid the co-pay on insurance for a procedure, etc, that the office must accept payment from insurance company as then paid in full? Thanks.
  19. Can a judge order my home to be sold to satisfy a default judgement from 2009 that I was unaware of until recently. I was alerted a few months ago that a debt collector wanted to collect on a default judgement. I found out last week it was from a credit card company. In 2006 I had disputed charges from what the credit card company called my account. An attorney I contacted advised bankruptcy due to complex circumstances. I had paid off one credit card with a pre-authorized check from another credit card, however BOTH debited the amount instead of crediting it and said I owed the new amount. I did not have money to hire an attorney and the entire mess kept snowballing. Now I am 62 years old on workers comp, and SS disability. I have a 16 year old grandchild in my legal custody that gets a small child support amount. I also am on medicaid, and get food stamps. I attempted to clear my name and once excellent credit, but with one good eye and one good leg it is very difficult. No one offers legal aid or legal counsel in the Hudson Valley area of New York. I was advised to seek advice from social security. (???) I do not have money, or other assets other than my broken down home and a 2006 vehicle in need of repair. So, I was told the judge can order my home to be sold to satisfy this judgement. Is there anything I can do without losing our home? My grandchild does not have anyone else, or anywhere else to go.
  20. Hi. I was hoping someone here would be able to assist me please. My ex (custodial parent, we have joint custody) is disregarding our visitation agreement. My son is in college (which I am paying 100% of) and when he is scheduled to come home for breaks, my ex does not tell him that his break is with me (I have made a calendar for him as a guideline as to where he is scheduled to be during his breaks and I go over it with him every few months). As with most teenagers he would rather spend time with his friends. While I fully support his need to see his friends, my ex does live far away from me (she moved) and I would like him to spend some time with me and his family here. This is now been going on for a year and the last break when he was off for 30 days, I saw him a total of four. My ex ignores any attempt that I try to discuss (phone calls, texts, e-mails, letters). I do not want to drag my child into a legal battle at this point in their life, but I just don't know what I can do anymore.
  21. We are relocating from Japan (I'm a US Citizen - wife is coming with visa/green card) with my stepson and biological children. I could not make my stepson my son in Japan due to a quirk in Japanese law for children older than the age of 6; however, the biological father has not been in the picture for 7 years. No contact, no financial support - easy to document If we could find him, I think he'd support taking full custody... alas Japan is Japan. I'd like to give my stepson citizenship by first taking full custody with my wife (his biological mother) in family court by providing abandonment; then applying for a N-600 via UCCIS. Has anyone tried this before? Any gotchas or flawed logic? Thank you
  22. Hello, I purchased a home in March 2016 from a relocation company in New York. Last month, I had an HVAC tech service the boiler and said that it had to be replaced due to its very poor condition(over 5 years in this condition). After calling around for estimates, an HVAC installer had records from 2013 stating that the boiler had to be replaced and signed by the owners. These owners are the ones who had filled out the disclosure statements that were given to us when we signed the contract. The owners stated that the heating system had no issues. We did have the system serviced before closing and he stated that he told them(not sure who at the property) that it had to be replaced and with an estimate, but had no paperwork. After notifying my real estate attorney, we drafted a demand letter and sent it to the relocation company and the previous owners. Relocation company stated that they are not liable because they did not own and inspect the property. The previous owners are saying that the contract was between the relocation company and us, not with them, therefore not liable. The overall cost of the system is $6,000. Owners are in the same state and relocation company is in another state. I am trying to figure out if I would have a case against anyone and how I should pursue. I feel that this was fraud and I should be able to recover damages. I appreciate your help with this subject.
  23. Hi, I am hoping to get some answers on behalf of my daughter who lives in New York State with her 2 girls and her partner. The older of the 2 has a different father. My daughter is the primary caregiver and there is no court ordered custody or visitation in place, nor has the father been paying ordered child support. His name is on the birth certificate. My daughter would like to relocate out of state, firstly for the health of her younger daughter who has bad asthma, but also to where she has more support of friends and a better likelihood of obtaining a job than where she is. Does she need permission to do so or, as her daughter's primary carer, does she have sole decision? She is worried about being charged with kidnapping if she takes her daughter out of state (as told to her by a friend). We need clarity on her rights please.
  24. A police officer stops a car based on a traffic infraction. He gets the motorists driver's license and goes back to his car. The computer to check the motorist for a suspended license or warrants is not working. The officer decides to give the motorist a break on the traffic infraction and lets him go with a warning. 10 minutes later, the police officer checks to see if the computer is working and runs the motorist's name. It turns out the motorist had a warrant for his arrest. 3 -4 hour hours go by and the same motorist comes into the precinct to file a police report for lost property or a crime that took place. Regardless, he comes into the precinct. The officer recognizes the motorist from the car stop and puts him under arrest for the warrant. Is he justified? Doesn't the officer need a reason to stop a person and then arrest him on warrant? If he comes into the precinct, can the officer just arrest him like that or does he need to commit an offense before the warrant can be applied? Also, let's say the officer arrests him on the warrant hours after the traffic stop and finds cocaine on him? Can he charge him with cocaine? That would be also be good as search incident to lawful arrest correct? Would there be a difference between an arrest warrant and bench warrant in this scenario? This is for NYC.
  25. It's been two years since I left my cheating ex, who is now having another baby with the woman he was cheating with (irrelevant). He didn’t want to go through the court system for anything, but instead wanted to handle everything on his own, coming up with how much he could give me for child support and so on. Of course I did not comply, and he fought nail and tooth over the figures. Thank goodness that is all over and we have the child support, health insurance and daycare settled. However, he never filed for visitation, and now he is harassing me over it. I tried setting up visits, but it was always a chore. I would email him, asking if this weekend was good for him. He would either get back to me at the last minute, or not get back to me at all. Everything was an argument. He refused to buy a car seat, so I would meet him somewhere with him. Then he refused to buy a stroller. It got to a boiling point. I don’t want to deal with him at all anymore. I want to deal with him as little as possible. I asked him to go for visitation because I’m tired of trying to do it myself. But he refuses. I don’t understand what kind of father refuses to go to court to obtain a court order for visitation, he tells me he doesn’t understand why he has to. This has been going on for the past year or so. I’m tired of him harassing me. Do I have recourse to do anything? I really don’t know what he has against going to court. Super frustrated, as I'm sure everyone is on this forum....