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John C. Gallagher

John Gallagher’s Answers

5 total

  • How can I get my money back from Bank Lien?

    My savings account was debited . It gave a name of the person who did the transaction, not who the debt was owed to. I was never served. I called their Customer Service 10 times, never an answer. The so called collection Agency is a Court Officer....

    John’s Answer

    I believe more information is needed to answer your question. Was the account frozen, as well, or was a debit simply made from it? A little research online could reveal the legal department of the bank, which may be able to assist you in obtaining information regarding the debit if it was the result of legal process.

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  • Puedo volver a usa si estuve ilegal menos de un año ??

    Mi hermana vive aya y estaba enferma y estube cuidando de ella por eso tarde en salir del pais

    John’s Answer

    Más información es necesaria para contestar a su pregunta, pero es una idea buena de hablar con un abogado, preferentemente uno que habla español.

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  • Is there any circumstances under which a contract can be canceled after the cancellation period passed?

    I would like to cancel a contract I have with a cemetery due to hardship in paying. They refuse saying the period of cancellation and they will send it to collections if I stop paying. Please help me.

    John’s Answer

    I am very sorry to hear about your hardship. Without seeing the contract, it is difficult to provide anything other than general advice. Ultimately, the amount of money left on the contract is likely going to impact what happens next in terms of whether or not the matter will go into collections. Without additional information, it would be wise to consult with an attorney to discuss how the matter might be resolved.

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  • We have a contract breach and fraud case. We paid 157,500$ to XX company, we got neither product nor the refund.

    we found a supplier online, a commodity company in the registered office in Manhattan, New York) who confirmed they can supply chicken commodity to Central Asia. They signed the contract, provided the proforma invoice and we proceeded with the...

    John’s Answer

    As advised by my fellow counsel, you should consult with an attorney as soon as possible. As further advised, there may be issues with the existence of the other party. In any event, while it appears that you may have a valid claim, a significant issue, and one that should be weighed in determining your course of action (particularly in light of the cost), is whether or not you are actually likely to collect on the claim.

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  • How long does the Plaintiff have to file their "Affidavit of Service"

    In Dutchess County Court New York, I am defending a Civil Lawsuit, and I am challenging the method of service of process. As I understand I am required to provide a copy of the "Affadavit of Service" that the Plaintiff files, however they have not...

    John’s Answer

    The answer to your question may depend on the method by which service was effectuated. Paragraphs 2 and 4 of CPLR 308 require filing within twenty (20) days, as service under those paragraphs is technically not complete until ten (10) days after the filing of proof of service. Even in the circumstances described in paragraphs 2 and 4 of CPLR 308, however, the failure to file is typically considered correctable, so, in any event, I would not bank on the court dismissing the case as a result of such a failure.

    In addition, without knowing the details of your argument, insofar as you are moving to dismiss on the grounds of improper service, CPLR 3211(e) may provide helpful to you, as it provides that "[t]he papers in opposition to a motion based based on improper service shall contain a copy of the proof of service, whether or not previously filed." Under 3211, the onus is on the party opposing the motion to provide the process server's affidavit of service. Under New York practice, the submission of the affidavit may result in a rebuttable presumption that service was proper.

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