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Mark Michael Campanella
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Mark Campanella’s Answers

116 total


  • Can a spouse go bankrupt without her husband? How much does it cost?

    Husband will not help me pay a penny.

    Mark’s Answer

    Consult with a local bankruptcy attorney. Yes, a wife can file bankrupcty without her husband being a part of the case. While that's well and good if all you have is debt in your own name, you need to assess what is the proper move if you have joint debt. The fee will vary slightly between practitioner and what chapter you end up filing under. Your siituation needs a more thorough analysis than is capable here.

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  • How to get out of an LLC on legal zoom

    A couple of months ago I came up with a business idea and started a business with two partners . One of the partners created a LLC on legal zoom . com with each of us ( three partners ) having 33 1 / 2 of the business . I called legal zoom t...

    Mark’s Answer

    I hate saying it, but the three of you should have gone to an attorney in the first place. I am not a big fan of these one stop shops who will set you up with a loaded gun and absolutely no instruction on how to use it. That's exactly what happened here, If you want out of this LLC, Legalzoom isn't who you need to turn to - it's a local attorney with business counseling experience who can guide you through what needs to be done.

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  • Is the Arbitration Clause (AAA) enforceable for a Developer/Consultant agreement?

    The contract says " Any disputes arising under this agreement shall be subtend to binding arbitration before the American Arbitration Association , in accordance with the commercial rules and regulations in effect . The parties shall share equa...

    Mark’s Answer

    One can always attempt to bring an action instead of following the contractual provision. So long as it isn't challenged, you'll be fine in choosing another venue. That said, if the other party wishes to follow the contract requirement for submission to AAA, then in most instances the provision will be enforceable. Depending on the amount at issue, the other party might likewise feel that small claims isn't a bad option, or conversely want to keep it out of small claims.

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  • What happens to the estate/assets of a married couple who live in NY, die together and have no children and no will?

    money with financial planner, jewelry, house, cars, etc.

    Mark’s Answer

    New York's laws of intestacy would control the distribution of the assets, but to whom the assets would go woul be determined by the remaining heirs of the deceased. As my colleagues suggest, it's always safer to have a will in place to ensure your wishes (even if there is no wife or child) are observed.

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  • If I am owed over $5000.00, can I file a claim in small claims court to recoup part of what is owed?

    Then file another claim to recoup the remainder of what is owed?

    Mark’s Answer

    The answer depends on where the defendant lives. Small claims actions need to be brought in the locale where the defendant resides. Depending on the locale, the amount that can be claimed will either be $3,0000 or $5,0000 (town & village courts are $3k, while small claims in city courts are $5k). First determine where the defendant lives and then check with the court clerk of that locale to determine the permissible amount.

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  • Scam company disguised as debt collections took my money, what can I do now?

    Last year a company called Hasted Financial Services contacted me about a debt from 6 years ago they said I have to pay . I was not sure about the specific debt that they mentioned and the amount they told me I owed was excessive , but I was sup...

    Mark’s Answer

    File a police report, but ultimately I suspect this might be a lesson learned the hardway. From what've you've indicated, you're likelihood of recovering is virtually non-existent, especially, if as I suspect, the entity/individual to whom the payments were made is based outside of the U.S. (as is typical in these situations). If you carry homeowner's insurance, you might consider inquiring into the possibility of filing a claim, although I doubt coverage would extent. Nonetheless worth a shot.

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  • Son had auto accident. Ticketed for failure to keep right. person in the other vechicle summons him to court. What will happen.

    What does he need to do now and he has no money.

    Mark’s Answer

    If by summons to court you mean he received a summons and complaint in a civil action for personal injuries, I'm hoping he placed his insurance carrier on notice of the accident. Assuming there is a defensible position and the carrier doesn't pay out the policy outright, the carrier will provide counsel to defend the civil suit as a component of hi coverage.

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  • Why would a bank still retain a lien on property even after they cancelled a credit card debt?

    The sale of a relative's estate has hit a snag. A lien for credit card debt was discovered when the title search was done. Although the debt was subsequently cancelled, the buyers attorney is saying he is still concerned that there is not a clear ...

    Mark’s Answer

    Regardless of whether you're securing a mortgage, a buyer wants to obtain clean title to a property, otherwise they risk issues transferring themselves later on. As my colleague indicates, if I represented the buyer, I would recommend them doing the same thing. As to the reason it remained in place, you'd have to look to the logistics of how the debt was "cancelled". If the creditor failed to vacate the judgment, then the lien will remain in place. Have your attorney work with the title company to find a resolution.

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  • I received phone call today about a debt that is over 10 year old. she threaten it was going to county office. Is it possible?

    I had credit cards when I was young. But have not had any communication with the deliquent one in years. She has the address of a house I moved out of 15 years ago. Thats about how long ago the contact was.

    Mark’s Answer

    In all honestly, it sounds like a scam. If the debt is 10+ years old, unless you continued to pay on it or reaffirmed the debt, they are barred by a 6 year statute of limitations to commence an action to collect for breach of contract. They can't just "go to the county office" and do anything except file an action against you. Demand verification of the debt in writing and issue them a cease and desist letter to stop the calls, but I suspect it isn't legitimate.

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