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Mark Michael Campanella
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Mark Campanella’s Answers

116 total


  • Payment plans for business

    Is it legal to have my clients sign for "recurring payments" for payment plans if they agree and give their credit info? If so what type of agreement do I need them to sign?

    Mark’s Answer

    So long as the client agrees to the recurrent payments, it is legal; you would obviously want to avoid any unauthorized use of a customer's credit info. +A clause outlining the repayment terms would suffice, although you should consult with counsel to ensure that it is drafted in such a way to protect your interests and adequetely place customers on notice of their rights and cancelation policies.

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  • Can a landlord tell me today that I am being evicted by 4pm tomorrow without a court order? Can the police remove me?

    Landlord says that I took too long to schedule a time to meet with him so he will be terminating an agreement that I never signed or agreed to.

    Mark’s Answer

    No, he cannot legally ask you to leave and give you 24 hours notice. In order to remove you from the property, he needs to commence an eviction proceeding. Even if he calls the police, it's unlikely they will get involved as this is a civil matter pertaining to a leasehold, and not a criminal matter. If he does attempt to remove you, he would be engaging in what is known as self-help, and he could be liable to you for his illegal actions.

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  • I got hit by a car in April 2012 do I still have a case

    I had a lawyer and they said they couldn't work on the case

    Mark’s Answer

    You unfortunately haven't provided nearly enough details to answer your question. In the strictest sense, any action you bring is still timely under the statute of limitations. However, without knowing more, like whether you meet the severe injury threshold, a further opinion isn't possible. You need to consult with local counsel to assess your particular cirucmstances, especially your own potential liability and the severity of your injuries.

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  • I need to know how to over turn a judgement and garnishment

    I received a personal loan for 7,000 11yrs ago. 4yrs into the loan I got behind on payments. Sent what I could afford. However about 2yrs ago I got a judgement for 12,000 for that loan. Now calculating what I paid before the garnishment and now ...

    Mark’s Answer

    Realistically, the chances of you getting this judgment vacated are pretty slim. Although the amount may seem like alot in light of the underlying loan value, keep in mind not only applicable interest that has accumulated, but the costs and attorney's fees that were incurred when the judgment was originally secured, the total judgment unfortunately doesn't surprise me. If you think you have a meritorious basis for trying to get this judgment vacated (improper service, etc.), you need to speak with counsel about bringing an order to show cause as suggested by my colleague.

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  • I have a lawyer on contingency in manhattan who is in breach of his contingency agreement

    I need to replace the lawyer with someone who will take this on contingency and work on finishing my case for promissory estoppel. The case is in ny Supreme Court. This involves a lot of money. I would also want to sue my lawyer for breach of c...

    Mark’s Answer

    You might want to clarify what you mean when you say that your current lawyer is in breach of your contingency agreement? Did he change his mind and wants to do it on an hourly? You should also be advised that even if you do secure new counsel, your existing counsel will probably have an attorney's lien on any proceeds you do recover to make him whole for the time spent on your case.

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  • Do I really have to go for a deposition if I am subpoenad in a different state on a working day ?

    My sister having a divorce case pending with her husband in Virginia state. husband lawyer subpoenad me on my working day. i live and work in a different state. Do I have to go ? If I don't want to answer anything,is there anything like 5th amen...

    Mark’s Answer

    Assuming this is a civil matter, typically speaking, an attorney from one state cannot subpoena and compel and individual in another state to appear at a deposition. Who's subpoened you? The court or an attorney? State or federal court? Just to clarify, you live/work in NY, and were subpoened in another state?

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  • I need to have a will for my son. He Is Not special needs.

    I'm 61 years old and he is 3 years old, also I am a veteran. I have limited funds.

    Mark’s Answer

    Do you mean you need to execute a will naming your son in it? See an attorney. Or are you trying to execute a will for him? If so, he doesn't have capacity to execute one as a 3 yr old. Please provide some additional detail to clarify your question.

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  • Can I sue without a lawyer after I was struck by a truck ?

    A few days ago I was struck by a truck and suffered a concession fractured knee and many other injuries. This will be my 2nd lawsuit and the first lawsuit my lawyer took a heavily amount of money from me. I wanted to know if I can sue myself witho...

    Mark’s Answer

    You can, but I would NEVER advise doing so. Given that this is a motor vehicle accident, you'd want the expertise an attorney brings to the table to navigate not only the no fault laws, but the discovery and motions that will follow. That contingent fee might seem like a lot at first, but it is well worth the investment in a good personal injurt attorney.

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  • I can not pay my payday loans, what is the worst that can happen. Live in Buffalo, NY. Are these loans illegal in NY State?

    Can I obtain a lawyer to help with this matter without filing for bankruptcy?

    Mark’s Answer

    Payday loans are illegal in NY.

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  • Can I sue someone who sent me a wrong item after trading my item through an online transaction?

    I made an agreement with another individual to trade three of my items for two of hers. We both agreed that we would each pay for the shipping and consider it a done deal. I have records of e-mails that her and I had together with her stating that...

    Mark’s Answer

    You can sue anyone for anything. The better question goes to the merits and success of the action. Based on what you've provided, you can theoritically sue her for the difference in value between what was delivered and what was promised. The pragmatic question goes to the ease by which you intend to sue someone who is seemingly in another jurisdiction and the ease of collecting. Depending on the amount at issue, I'd suggest that it may not make sense financially or logistically.

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