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Eric Edward Rothstein

Eric Rothstein’s Answers

35,753 total


  • If I go into default on a product I am making purchases on, will jail be something I have to worry about?

    I am making monthly payments on a guitar I purchased online and I missed a couple payments and they threatened to put my account in the default and I am just wondering what would happen next.

    Eric’s Answer

    You don't go to jail for this. The company may be able to sue you for the remainder due under the contract and/or repossess the guitar.

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  • Engagement ring

    I received an engagement ring for Christmas. He broke it off do I have to return it in nys

    Eric’s Answer

    Yes. The ring was given in contemplation of marriage, which did not happen. Under New York law he gets the ring back. It does not matter that he broke it off.

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  • How do you resolve 2 yr old NY shoplifting case when defendant is a foreign national who has had to return to home country?

    In Fall 2013 my adult niece on a visit to US from India was accused of shoplifting and was given a court date several weeks beyond when she had to return to India. She offered to pay any fines/dues but was told that can can only do so on court dat...

    Eric’s Answer

    She should hire a good criminal defense lawyer to get the bench warrant vacated and resolve the case for her. I have done this on many occasions in similar situations and believe there are ways to get the case dismissed.

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  • What makes one lawyer better than another?

    I know this question is too broad but what makes one lawyer better than another?

    Eric’s Answer

    As you said, that is a broad question. It can be area of law specific or even case specific. It may depend on the lawyer 's years of experience or who he knows. The list goes on and on.

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  • Can I sue for treble damages in small claims court?

    I'm suing someone for the money they owe me from bills they never paid and overdrafted my account twice and caused me to be late on payments. I'm planning to sue in small claims court and add treble damages. 1. Can I do it? 2. Would I not be able ...

    Eric’s Answer

    What is the legal basis for seaking treble damages? You cannot just do it because you feel like it; it has to be authorized by a statute.

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  • Does this constitute legal proper service for summons & complaint in federal court located in NYS

    This Bank's summons department normally accepts summons by certified or registered mail at their head quarters.If I served bank's summons dept ( IN bank's own law dept ) by certified U.S. Mail & I have signed return receipt with me DOES THAT QUALI...

    Eric’s Answer

    No, no, a thousand times no. Read Rule 4. How many more times are you going to post this question?

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  • Im in drug court and need to talk to someone free for legal help

    I was in criminal court and got switched to drug court and i have questions on sentencing out

    Eric’s Answer

    Why don't you speak with your lawyer who is the person who best knows your case?

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  • Am I to late because I can't afford this

    I was hit by a car in 2012 I thought my parents took care of the insurance paper work but they didn't and now my check s r being garnished can somebody help me

    Eric’s Answer

    Too late for what? Did your parents put the insurance company on notice of the accident? Did someone give the insurance company a copy of the summons and complaint? Was a default judgment entered against you? You need to find these things out and see if the carrier will assign you a lawyer or if you need to make a motion to vacate the default judgment assuming you have grounds. If you just ignored the lawsuit there probably isn't much you can do.

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  • Can the seller of a house who is also an attorney act as the escrow agent for the property? conflict of interest? illegal in NY?

    negotiating for a home in NY where seller is an attorney who is acting on his own behalf. He demands to hold the escrow. Is this legal? ethical? Conflict of interest?

    Eric’s Answer

    I don't know if it is illegal but it is not something I would advise a client to agree to.

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