Daniel Adam Schlanger’s Answers

Daniel Adam Schlanger

New York Consumer Protection Attorney.

Contributor Level 5
  1. Do i get my down payment back if the vehicle im financing loan is not approved.

    Answered almost 2 years ago.

    1. Daniel Adam Schlanger
    2. David M. Kasell
    3. Scott Richard Kaufman
    4. Ronald Lee Burdge
    4 lawyer answers

    What you are describing is a "yo yo sale" (i.e. the dealership pulls you back in). Unless your contract explicitly states that it is not final until the dealer finds a bank to which it can assign the contract (and in NY the dealers almost never put this language in their contracts) then what you are describing is likely illegal. You may have claims under the Truth In Lending Act (which is a federal statute) as well as state laws. You will likely need an attorney to get the dealer to do...

    6 lawyers agreed with this answer

  2. I received a notice of garnishment from Ronald Moses can I negotiate payments? the debt is for 1800.00. Di I contact the attorne

    Answered 11 months ago.

    1. Michael Byk
    2. Daniel Adam Schlanger
    3. Eric Edward Rothstein
    3 lawyer answers

    The garnishment you are dealing with can only happen after you have been sued and a judgment has been taken against you. In order for a judgment to be properly taken, you need to first be served with the summons and complaint and be given an opportunity to respond to the lawsuit (typically by filing an answer or a motion to dismiss). It sounds, from your post, like you were not served (i.e. you mention that you were never contacted until the garnishment.) If you can demonstrate to the Court...

    4 lawyers agreed with this answer

  3. Was ripped of by car dealer

    Answered about 1 year ago.

    1. Daniel Adam Schlanger
    2. Eric Edward Rothstein
    3. David M. Kasell
    4. Christina Gill Roseman
    5. Elizabeth Ahern Wells
    6. ···
    6 lawyer answers

    It sounds like you would have a strong claim for fraud against the dealership, as well as a potential claim under N.Y's law against deceptive consumer conduct (General Business Law 349). In addition, assuming you were planning on financing the vehicle, it is very likely in a transaction such as this one that both federal loan disclosure laws (found under the Truth In Lending Act), and state laws regarding motor vehicle retail installment contracts (NY Motor Vehicle Retail Instalment Sales Act)...

    4 lawyers agreed with this answer

  4. A CREDIT CARD COMPANY PLACED A LIEN ON MY CO-OP APARTMENT OVER 20 YEARS AGO HOW CAN I GET IT SETTLED. CAN THEY LIEN A CO OP

    Answered over 1 year ago.

    1. Daniel Adam Schlanger
    2. Christine B. Adams
    3. Brett D Weiss
    3 lawyer answers

    A judgment in NY is good for 20 years. The lien is good for 10 years, but can be renewed. If the judgment is truly over 20 years old (or if the lien was not renewed after 10 years), it should no longer be valid.

    3 lawyers agreed with this answer

  5. If I ecnore a civil demand letter from micheal Ira asen. Will they do things that will affect my credit score?

    Answered almost 3 years ago.

    1. Daniel Adam Schlanger
    2. Joseph A Lo Piccolo
    3. Benjamin J Lieberman
    4. Francis John Cowhig
    4 lawyer answers

    1. A creditor may report even a small debt to the credit reporting agencies, and a negative entry regarding even a small debt will have a negative impact on your credit score. 2. If you returned the merchandise undamaged, it sounds like the demand for payment may be unwarranted and you would be well served to dispute the debt, both with the debt collector and with the credit reporting agencies. You should do this IN WRITING, Certified Mail, Return Reciept Requested. Save copies of...

    3 lawyers agreed with this answer

  6. Vacated judgement

    Answered 2 months ago.

    1. Daniel Adam Schlanger
    2. Michael Treybich
    3. David M. Kasell
    4. Eric Edward Rothstein
    4 lawyer answers

    It sounds like you succeeded in having the judgment vacated but did not get the case dismissed. Vacatur removes the judgment but leaves the case open (in which event, the Court might schedule a new conference date). Typically, if the judgment is vacated without dismissal, the Judge will give the defendant (in this case, you) a specific amount of time to then file an Answer (or a motion to dismiss). Usually, they give you 20 days. If the judgment was vacated for lack of service, then you...

    2 lawyers agreed with this answer

  7. My ex boyfriend got credit cards and such in my name without my permission and ruined my credit what can i do to fix it?

    Answered almost 3 years ago.

    1. Daniel Adam Schlanger
    2. Jeffrey Bruce Gold
    2 lawyer answers

    1. It is advisable for victims of identity theft to promptly file a police report regarding the crime. In my experience, it is unlikely that the police/attorney general will pursue the issue, but you have at least shown that you acted diligently. 2. You will also need to contact the creditors and let them know of the fraud. They will likely want to see the police report and may ask you to fill out an identity theft affidavit. Be extremely careful in what you submit to them. Some...

    2 lawyers agreed with this answer

  8. I made an agreement with a credit card company to take 40.00 a month from my acc. they did for jan,feb,march but not in arpil or

    Answered almost 3 years ago.

    1. Theodore Lyons Araujo
    2. Richard Albert Luthmann
    3. Daniel Adam Schlanger
    4. Dorothy G Bunce
    4 lawyer answers

    Many consumers enter into "agreements" with credit card companies without understanding what is being agreed to. For example, do you have a written agreement (replacing your credit card contract) under which there is a fixed balance and you are paying it off in $40 increments? Do you have an agreement with them that they would "forebear" and not proceed with any other collection action so long as you made these payments? Or, like many consumers, did you simply agree to start making $40...

    2 lawyers agreed with this answer

  9. I have a default judgement erroneously levied against me for a debt that is not mine but belongs to my father. What now?

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Scott Joseph Whitbeck
    3. Daniel Adam Schlanger
    3 lawyer answers

    you potentially have both defenses and claims against the debt collection law firm. first, regarding defenses, it is a little unclear as to whether or not they brought the suit against your father but served you and then posted the judgment on your credit report (which sometimes happens when parents and children have the same first and last name), or whether they are simply suing you on an account for which you are not responsible. if they brought the suit against your dad but served you,...

    1 lawyer agreed with this answer

  10. Can that law firm sue my mom? what can we do?

    Answered over 1 year ago.

    1. Mitchell Aaron Nathanson
    2. Daniel Adam Schlanger
    3. Eric Edward Rothstein
    3 lawyer answers

    What you are describing is disturbing and improper. It sounds as if your mother never hired this firm. In fact, it sounds as if she not only never signed a retainer agreement but also never even spoke with the attorneys there. If that is correct, they had no right to represent to the debt collector or anyone else that she was their client, and no right to negotiate on her behalf. Even if she were a client, a law firm cannot force a client to settle a case, or sue a client for refusing to...

    1 lawyer agreed with this answer