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Anthony J. Pietrafesa
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Anthony Pietrafesa’s Answers

513 total


  • 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...

    Anthony’s Answer

    Take the 1099 to a tax prepaeer. Tell him you need a form 982.

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  • I've been issued a summons for debt, however I'm not living in country and it was not delivered properly.

    How do I go about addressing this? Can I get the summons thrown out? I have not been in the country for nearly 5 and a half years now.

    Anthony’s Answer

    Yes, if you can establish your current residence. It takes a motion to dismiss, whic you can make now, or answer with a defense and bring rhe motion in 60 days. Either way, contact a consumer lawyer to help

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  • I am being sued for back rent and am extremely concerned that they will be able to repossess my 1997 Audi A6.

    I received the car upon my mothers death. They current market value of the car ranges from $1,064 up to $1,500 if in mint condition. My car would fall in the $1,064 range. The amount of the lawsuit will be for $2,641.

    Anthony’s Answer

    They could, but unlikely they would. It is of some trouble to seize and sell a car and it is not certain they would get anything near the value. And they cannot do so until they have a judgement against you.

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  • Can a creditor from Missouri garnish my wages the 10% limit in NY, where I live, or the 25% federal limit?

    A creditor from Missouri received a judgement against me and is garnishing my wages at the 25% level even though I currently live in NY.

    Anthony’s Answer

    First, understand the math. A creditor can garnish 10% of yoyr gross or 25% of your net ( gross minus taxes and FICA) , but cannot leave you with less than tge minimym wage x 30. So get your paystub and do the math.

    Secondly, is this a new york judgment or a Missouri judgment brought to new York? A statute of limitation may come into play in the latter situation.

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  • What is the expiration time to collect money from someone. Total 8000.00 I paid back mortgagee & taxes for someone

    You can reply to: chow102@aol.com

    Anthony’s Answer

    6 years. Hopefully you have something in writing. And if he or she lives or works in Syracuse, you can file in City Court, which is cheaper venue

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  • Judgements not mines

    Judgements on property definitely not mine my son has same name and He has the judgements I. have lawyer I should sign an affidavit period and close on house correct ? I have proof of his age and d.o.b and his social security also birth certif...

    Anthony’s Answer

    It often happens that while doing a title search there will be judgments against people of similar names. Usually an affidavit will satisfy a title insurer or attorney that the judgments are not yours. A specific one saying you have a son by the same name and that you do not owe the respective creditors should do teh trick. But ask your lawyer. ANs once you get past the closing, pull your credit reports and see if any of these show up, as that is where the damage to you will be.

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  • I had my car repo back in 2009 and now almost 6 years later i got served with a summons

    can i be garnished and are they allowed to do this

    Anthony’s Answer

    You should defend this. At 6 years they may be too late. And repos are creatures of statute, meaning they have to climb through hoops. See our legal guide on repos, then contact a consumer lawyer to help

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  • Does a law office have right to collect by levy after statue of limitation (6 years for NY)?

    I had an old credit card from over 7 years ago That was charged off. Now a law office has put a levy on my account. This debt is old but yet they are collecting through my bank account .

    Anthony’s Answer

    If they have a judgement against you, they have 20 years from the judgment date to collect.

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  • 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

    Anthony’s Answer

    You cant avoid the execution by saying you dont take a salary. Was this a default judgment? If so, pull a case file and talk to a consumer lawyer near you

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  • 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?

    Anthony’s Answer

    Get a copy of the lien as filed with the County Clerk. Then see a decent real estate or litigation lawyer. Mechanic's liens have to be done a certain way. Even if it is " late," it may have other defects. You can learn more sitting down with someone who can review the paperwork with you than you will beseeching the Internet.

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