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Joseph Isaac Terkell

Joseph Terkell’s Answers

148 total


  • How do we file for small claims on an out of state person?

    I was looking for a place to rent. I found a private person on Craig's list with a place for rent. Our credit is bad and was hoping a private person would work with us a little bit. I sent an email to showing that we were very much interested....

    Joseph’s Answer

    I concur with attorney Harkess. You do not know who this person is, and therefore you cannot sue him anywhere. Even if that were not the case, Small Claims Courts generally only have jurisdiction over parties within their limited geographic area.

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  • Do I have a case? Should I take a lost and just take the satisfied judgement to end further garnishment?

    I had two hammertoe surgeries back in April 2010. My insurance company paid for the surgery. I was later contacted by the doctor via mail stating the check amount of $1235.20 was misplaced and it needed to be handled or that amount would go into ...

    Joseph’s Answer

    You are certainly not free of culpability in this matter, having cashed the replacement check, rather than remitting to the doctor in a timely fashion. That having been said, the judgment does appear to be disproportionately large relative to the original debt.

    You should contact a local attorney to investigate the feasibility of moving to vacate the judgment.

    You will have to show an excusable default as well as a meritorious defense, or, at the very least, that you were never served with the summons.

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  • How strict / far reaching are harassment laws?

    I am a 63 years old man. One year ago I met a woman of similar age in the apartment building where I live. After about three months, due only to a minor disagreement, she ended the friendship. She did so verbally and by sending me a written note....

    Joseph’s Answer

    If she wished to renew the relationship, she would have reached out to you. It would be best to err on the side of caution, and not send the card.

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  • Is a lawyer required to tell you if he is friends with the person you hired him to sue?

    In order to make an informed decision,Is a lawyer required to tell you in advance if he is friends with the person you hired him to sue. What is the legal term for any such requirement.

    Joseph’s Answer

    He is absolutely required to first divulge this relationship to you, regardless of the circumstances.

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  • Will a payment plan with creditor help me avoid a judgment?

    If I made a mistake, please take it easy on me, as I am extremely nervous! I was sued this summer by two creditors, one I settled with and this one I couldn't afford to settle with. They missed the first court meeting (a pre-trial conference), so...

    Joseph’s Answer

    It is highly probable that they will enter judgment unless they sign a stipulation beforehand setting forth that they will not. In this way, they are well situated to immediately commence enforcement proceedings should you default.

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  • I need. To sue ex employer. They. Had me falsely arrested I spent 67 days. In jail what. Kind of attorney. Do I use

    I'm. A truck driver the co I worked for. Had me arrested for stealing there truck. I didn't! It has been dropped. But this has ruined my family and my life! The evidence. Shows. It was all a lie on there. Part!

    Joseph’s Answer

    Something is missing from your narrative. If the case was dropped, it seems that you would not have spent 67 days in jail. You claim the evidence shows that the charges were false, but you do not set forth what that evidence is.

    If I were you I would proceed with caution. It is unclear whether or not they could still pursue the charges against you, if you went on the offensive.

    You should attempt to review this with a labor lawyer.

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  • Interference with a judgment

    I have recently won a judgment against an old roommate. I have recently found out that a ex mutual friend has informed the person that I sued that I can take his legal possessions through the writ that I issued which led him to selling his car a...

    Joseph’s Answer

    Forgetting the ex-mutual friend for the moment, if your judgment debtor transferred property other than in an arm's length transaction for fair market value, you could potentially pursue the tranferee in a fraudulent conveyance action, and attempt to levy upon the proceeds of the sale.

    I do not know the specific laws of your state, but it is clear you could use the aid of counsel.

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  • Legality of Accruing late fees on late fees in NY.

    Had a first time small pension fee of ~$40 to pay to the American Federation of Musicians (AFM) as part of a performance contract. Because of some minor confusion over the performance date and the contract date (contract was done retroactively due...

    Joseph’s Answer

    If you have not paid all that you owe, contractually, you are obliged to pay the late fees. $100 seems rather excessive, and could possibly violate usury laws. I realize that the amount in controversy does not justify the cost of retaining counsel. You should try to negotiate the amount down, or seek the assistance of the local district attorney's office.

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  • Easiest way to get a garnishment stopped from a judgement

    discover credit, 5000 in default, some paid to another lawyer, they did not submit to discover, have check images for payments made, rec'd letter after the fact, no advance warning.

    Joseph’s Answer

    You or your lawyer should bring on an order to show cause to vacate the default judgment, on the grounds that you were never properly served, or, at least did not receive notice of the action in time to defend, and that you have a valid defense in that payments were not properly applied to your account.

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  • New York State lien law

    A house foreclosed on left unpaid bills. Contractor filed lien for the LLC owed approx $235,000 and for work he performed personally on job outside the LLC for amount of $75,000. The liens are recorded and banks attorney is trying to force LLC a...

    Joseph’s Answer

    The lienors have up to one year to foreclose their liens, and can file to extend them, unless a formal demand to foreclose is filed. It is not clear what standing the bank has in this scenario.

    I believe that liens are assignable.

    Under the LLC Law, an LLC must appear by attorney; an individual can appear pro se.

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