Hi. I was thinking of filing chapter 13 bankruptcy. Will that effect the apartment I'm leased in? I plan on staying here for a while.
as long as you pay the rent and "assume" the lease in your plan you should be good to go.See question
Can you put motion in NYS appellate court for TRO for eviction after foreclosure sale? My home was foreclosed & sold back to bank.I have pending appeal to NYS appellate court now.Can I put in motion for TRO against eviction in NYS appella...
Complicated issue and unless you have some big bucks difficult to help you. if the sale has taken place you are probably out of luck. You have an appeal pending? If the house is sold is the papal not moot? Did you bring a motion in State court in order to stop the sale pending appeal? Apparently not. Forget about federal court if there is a state court order already allowing the sale...If you answered and defended you may have waived rights you wish to raise on appeal. What is it you hope to accomplish with a temporary restraining notice if the house is already sold? What is you basis for wrongful foreclosure?See question
I have a court order garnishment judgement on my credit. I am trying to apply for an apartment but I am afraid that if the landlord see this judgement on my credit report Ill be denied. I have a wrongful eviction on my credit as well but usually w...
If the judgment is filed the courts and clerks report these to the Credit Reporting Agencies and you cannot have it removed unless you go to state court and vacate the judgment.See question
I'm a small business owner (landscaping) and I have a client who is very late on paying an invoice. I did not get a written contract with this client and never discussed late fees with him before doing the work. Can I charge a late fee now?
You can try and charge it but normally it has to be in writing in order to collect through the courts. You might want to add 1% per month to the bill and then offer to reduce the interest if they pay.See question
I owned a house with an ex fiance. After almost 4 years they are foreclosing the house. He is no where to be found. We also had a patio put on the house with a HUD loan. They are coming after me as well. Am I responsible for all of the loan becaus...
If you signed the Note you are responsible for the loan. I can't tell you if you have to file bankruptcy without knowing a lot more including the right of the bank to go after you for a deficiency judgment. Talk to a local bankruptcy attorney where you live. Most of us offer free consultations.See question
I won a default judgement in New York County small claims court because the defendant didn't show up. Now what do I do? How do I collect? I know the defendant has a bank account at Chase. Can I just go to a branch, show them the piece of pap...
Normally collection companies go through the Sheriff. they charge for their assistance but if you know there is a bank account that is the way to go.See question
They are charging me $350 extra for storage for the 10 days it took me to finally track down my car. How can I avoid paying those extra charges?
Brooklyn NY and they are only charging you $35.00 per day? Pay it and get your car back. What difference does it make if they wrote down the wrong plate number. What did they write the plate number on? That might help you if there is a citation but it will not get the car back.See question
I have a valid filed 10 yr real estate lien from a judgment several years old. Another claims he paid, and purchased the property from the person/property named on lien, and for several years has been using it for his business for cars and as an o...
How can you have a "valid filed 10 year real estate lien from a judgment that is several years old"? Normally you do not get a lien until you have a judgment. Are you the owner of the property? If not then why would you get tax notices. Why would you pay them? Why not buy the property at the tax sale? You should certainly talk to a real estate attorney.See question
Is it illegal to pay off a creditor to have them remove any past bad information from my credit report? It is called Pay For Delete.
The phrase "pay for delete" is unknown to me and I have never heard it used by a court or statute. Paying your debts is legal, and a creditor requiring you to pay your debts before they will update correct information on your credit report is also allowed by the law.See question
I filed a foreclosure action against a corporation. Process server went to corporate office which is also the home of the officer. Subject was not available so server served papers on his wife. Is my service complete?
Has she accepted service on the officers behalf? Is she an officer? Is she an employee of the corporation? if they answer service issues are waived. You can also serve the corporation through the secretary of State. I would do that.See question