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Mitchell Aaron Nathanson
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Mitchell Nathanson’s Answers

898 total


  • How do I obtain a turnover order in NY?

    I have obtained a judgment against a debtor in NY and given it to the bank. Now, the bank wants a turnover order or something like that? How do I obtain one of these? Do I need to go through the court again? Thanks!

    Mitchell’s Answer

    Yes. You must go through the court, either by motion or Order to show Cause.
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  • I live in a basement aptmt and my landlord sold the house; the new family wants the 1st and bsmt floors. What are our options?

    Lived here for 2+ years, payed rent with proof on time each month, was told by landlords recently that the new family wants to start demo on the bsmt asap, I am a vet, haven't found a new place yet and the deadline is looming, I haven't received a...

    Mitchell’s Answer

    You will ultimately have to move. There is much advice that you can receive in a private consultation that will likely not be given in such a public forum as to how to best handle this scenario. As such, I suggest you contact a knowledgeable and experienced tenant's attorney very soon.
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  • Creditor with Judgment

    was alerted I was filing bankruptcy. Creditor had judgment changed to a judgment lien between the time I completed my petition and the time it was filed. Can I do something about this? What about the party that alerted the creditor?

    Mitchell’s Answer

    You should discuss with your bankruptcy attorney the possibility of filing a lien avoidance motion.
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  • With monday return date on order to show cause nassu county ny supreme case

    Do i serve opp papers by regular mail on preceding friday or by overnight mail

    Mitchell’s Answer

    The Order should direct how papers are to be served or other parties are to be notified.
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  • Can a bank charge interest on a credit card bill if amount was paid in full on time?

    Put 5,000 on credit card and paid on time but was charged 30 as interest

    Mitchell’s Answer

    I suppose it depends on your CC agreement if interest is charged from the date of purchase. This is common for cash advances.
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  • Do I have any rights as a subletter when I have a lease but my landlord (sublesser) is evicted but I haven't been?

    I have a month to month lease with my landlord who owns a trailer but not the land it's on. My landlord and many others recently lost their legal fight to stay on the land and are soon to be evicted. Although I've paid rent I've been told that t...

    Mitchell’s Answer

    Yes. You have right to receive notice of your eviction and to be heard before you can be evicted.
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  • Can a building inspector demand to come into home to inspect smoke and carbon alarms?

    A complaint was made on the house that we use the garage as living space. We scheduled a meeting so inspector can look as we dont use it for anything other than storage. But, he then told us he has to inspect our smoke and carbon alarms in the hou...

    Mitchell’s Answer

    You can refuse admission amd you shouldn't get "in trouble" unless there is a warrant or order signed by a judge.
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  • Is adverse possession possible in a probate matter?

    The will is in probate and the estate is to be sold and distributed to the beneficiaries. The executor also a beneficiary has moved into the estate and is showing she is trying to sell it. She didn't announce her moving in and hasnt handed the co...

    Mitchell’s Answer

    If you ignore her actions, it is possible. If you respond to it, then it will not be possible.
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  • The past several years I've accumulated credit card debt mainly because of a divorce. I was awarded the house but had to accept

    paying off the credit card debt. I hired a "debt reduction" company to help me negotiate with four creditors. They successfully reduced each creditors amount except one. This creditor went to court and received a judgement lien on my house dated ...

    Mitchell’s Answer

    If there is equity in the house they may renew the kien an additional 10 years.
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  • Received a 1099C form, am I still obligated to pay the debt?

    (now my ex) Wife got involved in a debt reduction plan that the 4 year agreement has expired. 1 credit card account was never settled but I received a 1099C form from then that I had to file on my 2014 taxes. Am I still held accountable for the mo...

    Mitchell’s Answer

    You are absolutely still legally liable on the debt. The 1099C is a bookkeeping/accounting status form indicating that the company has "written off" your debt as a loss. You must report this as "phantom income" and pay taxes on the amount of debt you have not repaid. However, you remain indebted and can be sued and have a judgment entered and enforced against you. If any amount of the debt is subsequently paid, you will be entitled to a refund of a portion of the "phantom income" taxes you will be required to pay.
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