Anthony J. Pietrafesa’s Answers

Anthony J. Pietrafesa

Albany Debt Settlement Attorney.

Contributor Level 13
  1. If an uninsured parked car gets hit by another car . Does the uninsured driver still get compensated

    Answered 12 months ago.

    1. Brian C. Pascale
    2. Eric Edward Rothstein
    3. C. Donald Briggs III
    4. Anthony J. Pietrafesa
    5. Jason Todd Studinski
    6. ···
    9 lawyer answers

    I presume you have the name and address of the other driver. Take your car to two reputable car repair places ( I like ASE members, as they have a certification you can point to) and see if they will give you a written estimate of the damage. You can use that in a small claims court action.

    9 lawyers agreed with this answer

  2. Does a "litigation firm" that is collecting a debt have to show you where the charges came from?

    Answered over 1 year ago.

    1. Anthony J. Pietrafesa
    2. Angelo Marino Jr.
    3. Matthew C Simon
    3 lawyer answers

    You can dispute the debt with them and ask for validation under the FDCPA. But generally, they only have to give you what their clients gave them, so hey might not have any more info than the number. Send them a letter by certifid mail or priority mail asking for validation in terms of when teh debt was incurred, when the date of last acitvity was, and if they can tell you what is principla and what is interest. You might find this account is tiem-barred.

    9 lawyers agreed with this answer

  3. Regarding debt collectors

    Answered 3 months ago.

    1. Anthony J. Pietrafesa
    2. Dana Whitney Atchley
    3. Blake Owen Brewer
    4. Barbie Dawn Lieber
    4 lawyer answers

    It is the debt collector's responsibility to validate the debt to you, not your responsibility to get info from the OC. This smells fishy to me, like the collector is merely renting out his letterhead, which is a no-no. I'd take the letters and your responses and see a consumer lawyer near you. See naca.net for a good one in Brooklyn

    Selected as best answer

  4. What is considered taking advantage of the elderly.

    Answered 8 months ago.

    1. Anthony J. Pietrafesa
    2. Thomas Alan Holman
    3. Chad Hendricks
    4. William Ray Pelger
    4 lawyer answers

    2 issues. If the salesman came to teh house an dyour dad signed at home, there is a 3 day cooling off period. It's NYS' " Door-to-Door" law. Secondly, there are enhanced penalties under GBL 349, but you would have to show deception. Do you have the facts?

    7 lawyers agreed with this answer

  5. Can a Credit Repair Lawyer help me get an old charge off removed?

    Answered 6 months ago.

    1. Anthony J. Pietrafesa
    2. Daniel Tam
    3. Nathan D McKinney
    3 lawyer answers

    Unless you expect to need credit from now til then, I wouldn't bother. Let it roll off naturally. Sometimes, as you fear, you can cause yourself more grief. The squeaky wheel gets grease: sometimes it gets trashed.

    5 lawyers agreed with this answer

  6. New York-Enforced Money Judgment Reversed and Vacated on Appeal. Question.

    Answered 3 months ago.

    1. Anthony J. Pietrafesa
    2. Catherine May Co
    3. Mitchell Aaron Nathanson
    4. Richard Glenn Elie
    4 lawyer answers

    First, it depends on what the judgment/order says. Some will be specific. If not ,expect to get back what the creditor received, i.e., principal and interest. As to the marshal's fee, you can ask the court fo rit but I'd hope you get the former back and just move on.

    Selected as best answer

  7. Has Anyone been Successful in New York Debt Collection Cases Shortening the SOL on Debt applying other States Statutes?

    Answered 7 months ago.

    1. Anthony J. Pietrafesa
    2. Michael Byk
    3. Arthur Wemegah
    4. Alan James Brinkmeier
    4 lawyer answers

    Yes, you can use CPLR 202 as a defense. You will need to put this in your answer. The Utah SOL is 4 years, I blieve, but you will want to double check it.

    Selected as best answer

  8. Marital Home

    Answered 10 months ago.

    1. Anthony J. Pietrafesa
    2. Richard J. Chertock
    3. Leonard Roy Boyer
    3 lawyer answers

    The worst thing you can have happen is for one person to stay in the house on the pretense of selling it. I'd go back to court.

    Selected as best answer

  9. What is my next legal step after receiving financial info as a result of an information subpoena..small claims court case ?

    Answered 3 months ago.

    1. Anthony J. Pietrafesa
    2. Eric Edward Rothstein
    3. Alan James Brinkmeier
    4. Richard Glenn Elie
    4 lawyer answers

    Docket the judgment in the County Clerk's Office. That way it will be a lien on any real property he might own. You could also go back to the Court you got the judgement from and ask for an installment payment order based on the fact that he has some income ( even if it is outside of your reach) and his wife makes enough to put food on the table and a roof over his head, so he ought to be able to pay you $50 or more a month.

    Selected as best answer

  10. Is it illegal to pile large amounts of snow against my neighbor's chain link fence when he specified not to on placed sign?

    Answered 12 months ago.

    1. Ronald S. Cook
    2. Anthony J. Pietrafesa
    3. Richard J. Chertock
    3 lawyer answers

    The man was concerned enough about his fence and your practice of piling your snow on it to put a sign. If there is damage to the fence that he can prove, you may well be liable. Also, if he put the sign there because this ( snow and fence bending) happened before, he will be convincing in a small claims court circumstance, in my opinion. Be careful.

    Selected as best answer

518-218-0851