Thomas P. Mohen's Answers

Can I cancel a bad faith contract.

Yes, IF you can prove those facts. I recommend that you call the Westchester County Bar Association and get a referral to a good local lawyer to discuss the mater ASAP. Good luck!

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Is there a statue of limitation when a life insurance company is investigating a policy?

The short answer is yes - it's 6 years. Under NY law a life insurance policy becomes uncontestible after 2 years. You seem to be aware of that. The applicable statute of limitations is 6 years (for contracts). The insurance co has the right to fully investigate the details of a contestible policy within that period of time. Good luck!

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Can they force me to pay more for a bill?

Yes. Do you have your orginial repayment deal in writing? If not, do you have any proof of it? If so, you can report them to the Attorney General's Office, Consumer Protection Division, as well as to the District Attorney. Unfortunately, some collectors are foul individuals who get paid on commission - and they'll press the limits of the law to try to get money (for their commissions). Make sure you have everything you do with them in writing from now on. Good luck!

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What are the consequences for abandoning a condo that we own

No, unless there is some special clause in your condo documents that gives you the right to abandon in favor of the condo itself with them indemifying you for any further liability - but, I doubt there is any such clause. The fact is that you acquired the asset with attendant obligations and liabilities. Sometimes, it is enough for claimants against you (whether for maintenance, taxes or otherwise) to pursue your condo asset through the condo management body for those claims. It seems that...

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What is the statute of limitations on a judgement for credit card debt in New York State

Usually a recorded judgment in NY is good for 20 years. It may be re-recorded before the end of that time for another 20 year period. Good luck!

Do i have a case due to thefact that a taxi ran over my foot. I am still undergoing treatment and cannot work as a nurse's aid.

Absolutely! I hope that you have the details about th etaxi that ran over your foot. You should go see a personal injury lawyer in person ASAP. A good lawyer will represent you on a contingent fee basis (no fee unless successful). If you don't know one, I recommend that you call your local county bar association (dial 411) and ask for a referral. Good luck!

Can a spouse not name the other spouse as a partial or whole beneficiary of life insurance policy

Sure. You can name anyone you want as the beneficiary of a life insurance policy. A policy is generally paid directly to the beneficiary(ies) upon proof of death - no probate is necessary. A spousal election where not named in a will is available only for estate assets. Life insurance is not demed part of the estate unless payable to the estate. Many companies have life insurance policies (often called "key-man" policies) on their executives that are payable only to the company (or a...

Legal advice in a civil suit

By all means - DO NOT default. Show up in court no matter what, and ytou can explain to the judge that you need more time, and that you need the help of a pro bono attorney or th epro se clerk of the court. Court's are generally very accomodating to individuals in such matters. It sounds like you may have very good defenses to this person's claims - and our legal system provides the setting for us to vet our claims against one another, with or without a lawyer. I recommend you seek legal...

How do i file a small clains suit when I live in one state and the defendant lives in another

You may proceed against anyone wherever there is jurisdiction over them. If you bro-in-law has sufficient contact with the State of NJ for a local court to exercise jurisdiction over him, you may sue him in NJ. For example, if he does any business in NJ, if he came to NJ to discuss the loan with you, if he signed a document confering jurisdiction in NJ, etc. Otherwise, if there is no basis for jurisdiction over him in NJ, you will have to proceed where there is jurisdiction - CA. There is...

Wrongful death suit for my brother

Yes, you may definitely have a wrongful death or medical malpractice/personal injury suit. The question is who is the proper representative of your brother's estate? I recommend that you call an attorney immediately and discuss the matter in person. A good attorney will handle such a matter on a contingent fee basis (with nothing paid by you except from the recovery). I recommend that you call your local county bar association and ask for a referral to an attorney. Good luck!

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