Skip to main content
Mitchell Aaron Nathanson
Avvo
Pro

Mitchell Nathanson’s Answers

879 total


  • How long do i have to keep my husbands things if he left me and wants a divorce?

    He left June 7th He's been cheating on me for 2 years He has his own apartment now

    Mitchell’s Answer

    This is a question better suited for a private consultation than a public forum.
    #NathansonLaw #LegalQ&A

    See question 
  • I received a income execution but I own the company they say I'm employed by and I don't receive a salary I take money as needed

    My company is incorporated can they enforce this income execution

    Mitchell’s Answer

    Income is not restricted to salary. Make a deal.
    #NathansonLaw # LegalQ&A

    See question 
  • My husband claims sending me divorce papers by regular mail is enough for me to be considered served in NY state. Is that true?

    Every website (including the New York Supreme Court's) states that divorce papers in NY state can only be served in person or by substituted service. My husband says he sent me paperwork by regular mail (not certified, no return receipt, no eviden...

    Mitchell’s Answer

    He is either confused or lying or both. You should make sure that if an action exists on the record with the clerk that you appear to make certain you receive future notices. Then speak with a matrimonial lawyer.
    #NathansonLaw #LegalQ&A

    See question 
  • If a judgment is issued for child support arrears does it collect interest?

    My ex received a judgment for child support arrears, am I entitled to interest? What is the normal rate and how does it work?

    Mitchell’s Answer

    Interest on Judgments in NY State accrues at 9% per annum.
    #NathansonLaw #LegalQ&A

    See question 
  • Civil court case , sued and unable to file an appeal .in NY .. How long it takes to garnish my paycheck , how much they can get

    Freeze my bank accounts .. Appeal ends tomorrow .. What do I expect.. Can they garnish all income

    Mitchell’s Answer

    How long does it take to garnish your paycheck? In practical terms, about 90 days. How much can they get? 10% of your gross salary above minimum wage. Freeze your bank accounts? All non-exempt assets above $2100 per institution may be restrained. You will have 20 days to claim an exemption before the funds may be levied upon.
    #NathansonLaw #LegalQ&A

    See question 
  • How do I collect on a judgement?

    I obtained a judgment against a former tenant and recorded it with the county in which it happened. However the tenant lives and owns property in another county. If I don't want to wait for him to sell his property, how do I garnish wages, etc?

    Mitchell’s Answer

    I refer you to Article 52 of the Civil Practice Law and Rules. Follow instructions for an income execution as well as an information subpoena and restraining notices, and of course, property execution. Most collections attorneys will perform judgment enforcement proceedings on a contingency fee basis.
    #NathansonLaw #LegalQ&A

    See question 
  • Is there anywhere you can look online for similar cases, motions, and their outcomes?

    Can you recommend sites please for court cases in NY?

    Mitchell’s Answer

    Legal Research was a full year course when I was in law school. I guess now anyone can do it!

    See question 
  • How do I get an untimely filed mechanic's lien vacated?

    Single family residence in the state of NY. Contractor filed mechanic's lien 9 months after work completed. how do I get it vacated?

    Mitchell’s Answer

    I would suggest an Order to Show Cause to vacate the lien.
    #NathansonLaw #LegalQ&A

    See question 
  • I received a parking ticket in the village of Kensington, in Great neck for parking over 2 hours on a residential street.

    The ticket has my license plate number but the wrong state, technically it's not my ticket, but am i still responsible for it? thanks for any help

    Mitchell’s Answer

    If the wrong state was printed on your ticket you may very well be 100% correct and entitled to a dismissal. Having dealt with the Village of Kensington I can tell you that in order to succeed you will likely need to appear twice and await a trial at the end of the night. If you have nothing to do, then fight it. It is all about what 6 hours of your time is worth to you.

    See question 
  • Do I need a tax attorney?

    I short saled property to my boyfriend and now I would like to have it transferred into my name without taking out a mortgage if possible.

    Mitchell’s Answer

    A tax attorney would not be the proper area of expertise. Consult first with a Real Estate attorney and possibly with a criminal defense attorney thereafter.
    #NathansonLaw #LegalQ&A

    See question