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Eric Edward Rothstein

Eric Rothstein’s Answers

34,413 total


  • How does a debt collection agency differ from going to a litigation attorney?

    My business is owed money from certain clients that are 12 months past due. Do I go to a collection agency or a lawyer? What are the pros/cons of each? How do they differ? Wouldn't a debt collection agency need to hire a lawyer anyway to go to cou...

    Eric’s Answer

    I think you are asking the right questions. Only a lawyer can file a lawsuit. I suggest that you call a couple of debt collectors and a few lawyers who handle debt collection and see how their fees differ.

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  • If I had an order of protection against my husband that has been lifted for 5 years, can he return home to me after prison?

    He is in prison for an unrelated and non violent offense.

    Eric’s Answer

    If there is no Order of Protection in effect he can likely return home. You can go to Family Court and seek an Order of Protection if you have grounds.

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  • Illegally Locked Out Of Apartment

    I was NEVER given an Eviction Notice/Paperwork by Landlord. There are no eviction proceedings against me at the 6th District Court in Patchogue & the Sheriff's Department do not have anything indicating anything was, filed or granted favorable t...

    Eric’s Answer

    You likely have to file in court to gain repossession of the apartment. You can also sue for unlawful eviction.

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  • How to file an Affidavit in Reply??

    I received on the mail an affirmation in opposition of an order to show cause that I filed on the court because I never lived on the address indicated on the affidavit of service that the Plaintiff used to send the court documents about my case. D...

    Eric’s Answer

    Generally, there is no right to a Reply with an Order To Show Cause. You can bring it to court and try to file and serve it but the Judge might not accept it.

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  • How long will it take to be contacted by the police?

    If someone calls the police on you and gives them your license plate number to report a crime, how long does it usually take for the police to contact you?

    Eric’s Answer

    There is no standard. It may depend on how busy the police are, assuming there are even doing anything.

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  • Traffic ticket # 1212 date 05/24/2015

    Hi My name is Niyazi I have got ticket number is : 1212 05/24/2015 it was morning , GPS was showing to go strait but on my half way i saw sign don't enter , so i was panic because i was right in the middle of road and turn...

    Eric’s Answer

    I suggest that you hire a local Traffic Court lawyer to seek a no or low point deal.

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  • Time Warner Cable referred me to a collection agency what should I do??? I am worried my credit will be ruined

    I have not paid my cable bill for a few months (was traveling) and I now have a letter from a collection agency. I pulled all 3 credit reports and nothing shows up on any of them yet. The collection letter was dated May 14th and I pulled the rep...

    Eric’s Answer

    Pay the bill asap. ........................

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  • Can i report stalking and harassment w/proof of violations of order of protection to criminal court and get a restraining order?

    How do i get a criminal restraining order based on order of protection violations one ( phone surveillance) is still going on. ive been suffering domestic violence from my husband. he left the US and my order is a refrain and trial is in 2 weeks....

    Eric’s Answer

    You can not get a Criminal Court Order of Protection unless he gets arrested.

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  • NYC Family Offense Petition

    I have been separated from my common law wife / mother of my children for approximately 7 months. I was served with a petition for custody and a family offense petition. My question is regarding the family offense petition. There was a restrain...

    Eric’s Answer

    The Family Court proceeding is not a criminal case but it is possible that the woman also filed a complaint with the police.

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  • Ticket (open container) disclosure on visa application. How ? Will there be problems ?

    I had a ticket two years ago (open container in NYC) and I am now applying for a working visa. The question is "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?"....

    Eric’s Answer

    Open Container is an offense but while there is no statutory definition of an arrest, getting a pink summons is not considered an arrest because the restriction on your liberty is minimal.

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