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Elizabeth Shollenberger Esq.
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Elizabeth Shollenberger’s Answers

361 total


  • Need help

    I'm a visitor from another country My 2yr old son got sick so I had to rush him to the ER Spoke to the person at the desk Hold him that I'm here visiting from abroad and that I have no insurance neither I'm a working nor living here and I'll ...

    Elizabeth’s Answer

    Well, you would owe the hospital for the child's examination, and a $1400 bill would not be unusual for a visit to an emergency room. However, that's a really long stretch from saying that you "need to pay it immediately." if you are out of the country, it is not impossible but extremely unlikely that the hospital will track you down, properly serve you, and get a judgment against you for the debt, and even if they did that, it would take months. Without a judgment, all the creditor can do is send letters and make phone calls. Assuming nobody in the United States agreed in writing to foot your child's bill, there is really nothing to worry about, legally. Of course, paying the hospital would be the correct thing to do, but there is no rush about it.

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  • My landlord wants to rent space on property to a landscape business without my permission

    My landlord wants to let a landscape business park their vehicles on the property without my permission. I am uncomfortable with strangers being on the rental property whenever they feel like it.

    Elizabeth’s Answer

    What does your lease say? Are you renting just a house or a portion of a house? Does the lease state that you are renting the surrounding property as well? You should sit down with a lawyer and review your lease.

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  • When can I get rid of belongings a roommate left behind?

    My roommate moved out a month ago and has left a room full of her belongings, insisting she will return for them. We've agreed I will retain a part of her security deposit as rent on the room for this past month, as I could not rent it out, but sh...

    Elizabeth’s Answer

    Do you have something in writing saying she has moved? If not, you will want to go to Housing Court and obtain a possessory judgment. Otherwise, she could return and claim you locked her out.
    Even then, you cannot just throw out her belongings. You can place them in storage, pay for the first months' storage, tell her exactly where her things are and explain that the storage company will get rid of her possessions if she fails to either retrieve them or pay the storage facility.

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  • Garnishment of wages

    Back in 2006 my wife had a judgment placed against her. The awarded the judgment to the company. She has no knowledge of receiving paperwork on this. On Friday she was notified of wage garnishment from her job. She went to speak with human res...

    Elizabeth’s Answer

    A judgment creditor can collect for twenty years. However, if you were not served initially, you may be able to get the judgment vacated and stop the garnishment. You should definitely consult an attorney who specializes in representing debtors and alleged debtors.

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  • Landlord says I owe March's rent because I did not give a 30 day notice on a term lease. Do I owe him the rent money?

    He says I owe him March's rent because I did not give him a 30 day notice to leave (not written in the agreement). I have a term lease that states that it begins "on the 1st day of February, 2014, and which term will end of the 31st day of Februar...

    Elizabeth’s Answer

    You owe him nothing, since you left at the end of the lease. Be sure to keep your copy of the lease, because the statute of limitations on a contract action is six years. Your landlord could sue you years from now, and you will want to be able to show the lease, to prove that you were not a month-to-month tenant.

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  • Why city marshal placed an hold on my bank account without receiving a summons?

    I found out on 3/6/2015 that my bank account is frozen.I never received any summons nor owe any credit cards.I pull my credit reports i do not have any listed companies.What should i do to unfreeze my bank account? What are the steps? I am des...

    Elizabeth’s Answer

    You need to go to court and find the court file for the case filed against you. The documents you received should have the caption, which will tell you in what court you were sued and under what index number. With the caption and index number, you can retrieve the court file.

    In the court file, there should be an affidavit of service saying how the plaintiff claims he served you. Read it carefully. It may have a wrong address for you, or it may claim that a person who does not resemble you at all was served.

    Assuming that there is a problem with the affidavit of service, your next step is to file an order to show cause to vacate the default judgment and dismiss the action.

    All of this is easier for you with an attorney. You should find an experienced consumer lawyer to help you.

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  • Hello, I live in a hud bldg. and your rent goes by your income.I GOT A lawsuit ,in the lease it says the building takes percent

    of the lawsuit, is this possible? does my rent go up? how does the hud bldg. work as far as tax free lawsuits?

    Elizabeth’s Answer

    If you win a lawsuit, presumably you will get a one-time lump-sum payment. Your rent should not be raised based on that. If your landlord tries to do so, you may want to contact a legal services office in your area for help you in explaining the law to your landlord.

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  • Landlord request a security deposit for a lease renewal in a rent stabilized apartment in NYC.

    I've been living in a rent stabilized apartment in NYC for more than 7 years. The landlord has never asked for an additional security deposit when I first signed the lease or each time I renewed it Yesterday, I receive the new lease, (the old le...

    Elizabeth’s Answer

    Your landlord is supposed to renew your lease on the same terms and conditions as in the initial lease. If he did not collect a security deposit initially, he cannot do so now.

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  • Fema Debt - When to get a lawyer?

    As apart of Fema's appeal process for recouping a debt, they are required to send me information that I request "records request". However they have not done so, instead they've requested more records from me. Doesn't this violate my rights? My gu...

    Elizabeth’s Answer

    You may well want to review all the facts in detail with a lawyer. You would be well served by a consumer law attorney. There is an organization of Consumer Advocates called the National Association of Consumer Advocates (www.naca.net) and there are listings of attorneys there, or find an attorney on Avvo who specializes in Consumer Law.

    Whether you should just comply without a fuss depends on what they asked for, how much is at stake, and other factors which you should discuss in person with a lawyer, rather than online.

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  • I moved into a 3 bedroom apartment and my landlord hasn't made sure there is hot water, heat, or working light fixtures.

    Do I have a case? Rent is due and the landlord is not helping to fix these issues

    Elizabeth’s Answer

    Dear Hempstead Tenant:

    What does your lease say about these issues?

    You don't say what sort of building the apartment is in. Is it a part of a multiple dwelling or half of a two-family house. Is there one central heating and hot water source for the whole building, or individual units?

    You should consult a lawyer near to you if you are not sure what your lease entitles you to.

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