Skip to main content
Mark E. Lewis

Mark Lewis’s Answers

23 total

  • When doing a voluntary surrender on a mobile home is the lender not allowed to garnishee or freeze SS and retirement benefits?

    My dad is ill and we are voluntarily surrendering the mobile home he has had for 10 years. He receives Social Security benefits and retirement benefits. I had hired an attorney (Anthony Pietrafesa) and the only information he gave me before he r...

    Mark’s Answer

    I agree with the other attorney that social security and retirement benefits are protected from creditors. That is not to say that a creditor wouldn't "try" to freeze or restrain any of his bank accounts. To be totally safe do not deposit any other funds into that account. Otherwise a creditor may argue that he "commingled" funds and then you would have to prove the amount of social security and retirement and may lose the character of the funds entirely. Very important to have a game plan in place to prevent losing any of this funds especially if he is not feeling well. Hope this helps you.

    See question 
  • I was told that a summons warrant was outstanding from 1996; don't know what to do?

    I called the county clerk and was advised of this warrant. I don't recall being sited for violation. Where do I go to get information regarding this matter. In 1996 I lived in Brookyn NY.

    Mark’s Answer

    I am assuming that this is criminal warrant. I agree with the other lawyer about calling or visiting the clerk to get more information. If you visit in person, there is always the possiblity of an arrest. Being so old, you may have procedural grounds to dismiss the charge. Hope this helps you.

    See question 
  • Wondering my rights in a divorce. Dont own home nothing to split.

    My husband has been verbaly and mentaly abusing my for years.sleept in seperate bedrooms for years.couldnt stand the smell of alcohal anymore.salways yelling about everything.couldnt stand the stress anymore.i ended up having an affair. My husband...

    Mark’s Answer

    I would contact neighborhood legal services in Buffalo at 847-0650. You may qualify for reduced or free legal fees. In Rochester, I believe it's called the Legal Aid Society of Rochester and their number is 585-232-4090. There are a number of attorneys including myself that charge reasonable fees for uncontested divorces. Nice thing aboutuncontested divorce is that there is no court appearances. Hope this helps you.

    See question 
  • Should I pay?

    I got a letter from Neal C Tenen asking to pay $500 for shoplifting. I went to court and the dismissed the case cause lack of evidence but I keep getting these letters and now the are adding late fees l. What's should I do in this matter??

    Mark’s Answer

    I also advise my client's not to pay this civil penalty. I rarely see a lawsuit result from non payment especially when the criminal charges have been dismissed. I would have your attorney write them and advise that you are represented and any further contact will be considered civil harassment and may result in a FDCPA lawsuit. That should stop him; guaranteed.

    See question 
  • Can I sell my home after being discharged from a chapt. 7,if I have equity that was protected from exemptions?

    I owe $120k on the home, but have been offered $143k for the home. It would be sold privately, so there would be no realtor fees. I just want to make sure I can use the $23k for myself to get a fresh start. I would be renting, and would use it ...

    Mark’s Answer

    As long as you exempted the equity in your bankruptcy, and the case has been discharged then you would be able to sell your home. The safest practice is to have the trustee "abandon" the property. Your attorney would know how to do this. However, there is an extra fee for this.

    See question 
  • Uncontested divorce???

    We are going to divorce we dont own any house or have any kids, my husband own a bussiness and i own a car but i dont want any money or part of bussiness and he doent want my car, can we do uncontested divorce and finish this friendly or we cant f...

    Mark’s Answer

    You can file for divorce and proceed in uncontested manner. You will sign a divorce agreement or stipulation and an affidavit. You may have to submit a net worth statement. Then your attorney would file all the paperwork to a judge for review and you would not have to go to court. All the paperwork would be handled through the mail.. However, each party should have their own attorney to review the paperwork and advise their client's of his/her rights. Never ever should both parties be represented by one attorney.

    See question 
  • I am looking for a lawyer to represent me in court against a judge who I almost got arrested by .

    I can't go to court by myself due to the fact of losng my composure with this judge. I recieved a traffic ticket for an accident. I do not want to loose my license so I have to hire an attorney that would fully represent me in court.

    Mark’s Answer

    That is the reason people hire criminal defense attorneys. To deal with the court system. Try not to take it personal and let your attorney deal with the district attorneys office and the judge. Criminal Defense attorneys are also well versed in the law and they may know something that is beneficial to the outcome of your case.

    See question 
  • I have a divorce decreeand custody order signed in supreme court does family court have the right to modify that order

    My divorce and custody of my two children was settled in supreme court (integrated domestic violence court). My ed husband has now filed in family court to have the custody modified and has filed for full custody. Does family court have the right ...

    Mark’s Answer

    He can do that, but he has to show there is a "change in circumstances". Very fact specific and each case is different. I had a similar case where one of the parties went to family court within months of the divorce judgment being entered in supreme court. The family court judge dismissed the case citing that there were not a "change in circumstances" and that the divorce decree would control.

    See question 
  • My husband has asked for divorce. I do not want one. How do I get him out of the house when he is dragging his feet filing?

    My lawyer has advised me to not file against him, and "tough it out" as long as possible. The atmosphere in the house in untenable; my husband is not coming home from work 2 or 3 nights week. The children re suffering from the confusion, and i fe...

    Mark’s Answer

    Not really. The only legal way I am aware of is this, you must file for divorce first. Then bring a motion for "exclusive use" of the marital home. I gather from your question that this situation is unbearable and not tolerable. I understand the urgency of your situation. My opinion is that you must act as soon as possible and file for divorce.

    See question 
  • I no longer want to be held responsible for my husbands future debt, such as credit cards, is there anything I can do?

    My husband owes over 50,000 in credit card debt. I did not know it was so high. I do not want to be held responsible for future debt of his.

    Mark’s Answer

    In NYS, you are not responsible for your spouse's debts. If you a joint cardholder then you are as responsible for any charges even if he made them only. Also if you are not joint cardholder but "authorized user" then you could be held liable for the charges that you made. To answer your question, you are not responsible for your husband's future debts if you are not a joint holder of that card. If you are, call the credit card company and get your name off this account.

    See question