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Mark Michael Campanella
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Mark Campanella’s Answers

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  • If debt collectors contact me what do i say/do?, and do i have any leg to stand on legally if i refuse to pay them?

    Hello, ill try to cut this as short as possible. I recently sold a laptop on ebay for $4000, sent it but didn't bother keeping receipts due to i thought that would be the end of it, i got my money and the buyer got his item. Well i was wrong a we...

    Mark’s Answer

    Although not familiar with Paypal's contract, but I suspect their is language in it (which you agreed to) permitting them to debit your account in the manner. On that point, you should consult with counsel to review your contract to determine what recourse you might have against them relative to the debit.

    As far as the debt collection portion, if you are contacted, you can instruct them that you refute the debt and issue them a cease and desist as far as communicating with you is concerned. If a lawsuit subsequently follows, you'll need to put in an answer with affirmative defenses as to your situation. Truth be told, unless you have something showing that it was sent, you might have an uphill battle to defending, but I'm unclear as to the totality of the evidence you do have, so you could well have a defensible position. Again, consult with counsel regarding the specifics of your case.

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  • What is the average settlement amount for a pedestrian who is struck by a car?

    Soft tissue damage, currently recieveing physical therapy, made a police report at the scene, still undergoing tests such as MRI's. Accident just occurred.

    Mark’s Answer

    It's impossible to answer your question without more details concerning the nature and severity of your injuries, your limitations, time out of work, impact on your life, etc. You need to speak with an attorney in your area concerning the specifics of your case, as case values not only depend on all of the above and more, but also your locale.

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  • HOW DO WE FORM A LLC FOR REAL ESTATE IN NY

    HOW DO WE FORM A LLC FOR REAL ESTATE IN NY

    Mark’s Answer

    I concur with everything my colleagues have said. I would add one sidenote, however, relative to the expense of forming one. Unlike some other jurisdictions, LLCs in New York have publication requirements. Depending on where you are located, this could significant increase the cost of forming an LLC. It's certainly not a determinative factor, and LLCs are still my model of preference for real estate, but it's something to be aware of.

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  • Without a Lease on an apartment, do Senior Citizens have any rights of how much a Landlord can increase rent in one increment?

    Landlord increased a Senior's rent $200

    Mark’s Answer

    Your question unfortunately lacks necessary detail. Is this a rent controlled apartment? Did he raise rent just on the senior or everyone in the building? Did he give any notice as to the rent increase? is this an annual increase that's been incurred in the past? There's typically nothing inherently wrong with increasing someone's rent. Depending on the answers to the rest, there is, however, a possibility that there could be a discrimination claim here, but without further information, it's hard to say.

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  • Can I engage in a settlement with USDA-FHA for allowing us to purchase a house with defective cellar wall and sun-porch roof.

    We brought the house in 1996 under a first time buyers program with USDA-FHA. They had a local inspector and one of their own approve the house. After 3 years the entire roof on our sun-porch flooded the sunporch. We have not been able to use it s...

    Mark’s Answer

    All other issues aside, it sounds like you have a significant statute of limitations problem even if you did have a valid basis for pursuing an action. You'd be best served discussing the specific dates of everything with local counsel to flesh out whether you might have a timely claim (although it appears unlikely).

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  • I went for a defense medical exam on 11/5/12 in NYS. How long do they have to produce the report?

    I went for the deposition in 8/12. What is the next step? I feel like I should be at the end but my lawyer is not giving me specific answers.

    Mark’s Answer

    Since the IME didn't take place until mid November, it's production isn't terribly untimely. It's not unheard of that examining physicians take their sweet time producing these reports, and can take 2-3 months to produce, especially if defendant's counsel has seen an advance copy of it and has suggested or requested certain language be added/changed.

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  • Can my bank account be seized or frozen by Creditor B while my wages are also being garnished by an Creditor A?

    Creditor A is a credit card company garnisheiring my wages. Creditor B is an attorney credit collection agency which froze my bank account several years ago.

    Mark’s Answer

    • Selected as best answer

    Yes, multiple creditors can attempt to collect against you at the same time in differing manners.

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  • If your check is being garnished is there anything you can do about it.can you get it reduced.

    they are garnishing my check

    Mark’s Answer

    Short of the garnisher vountarily agreeing to receive a lesser amount or you paying off the balance, there is unfortunately little you can do to affect the garnishment. Truth be told, it is a rare instance where the person holding the judgment would agree to accept a lesser amount via a garnishment, so the chances are very good that you are probably stuck until the debt or a settlement has been paid off.

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  • Can i take money out my rent that is owned when i cant cook on my stove.

    i called 911 last night and they found 3 gas leaks in my house..they shut off my stove because that was where one of the leaks are and know i am waiting on a plumer and they dont know when he is coming so someone told me that i can take money off ...

    Mark’s Answer

    When a premises is unsafe (thus unihabitable) as a result of an issue that should have been addressed by a landlord, you might have a basis for seeking all or a portion of your rent being abated. These are very fact specific matters though and you would need to speak with counsel to determine whether the circumstances you have described are significant enough to warrant labeling the property as unihabitable. That said, if you choose to withhold any rent after giving the landlord an opportunity to correct the issue, I would place those funds into an escrow account, as it is entirely likely that the landlord will seek to evict you and secure a judgment for the deficiency per your lease agreement. If he does so, it will be on you to demonstrate to the court that the property was unihabitable and an abatement wais due. If a court deems it wasn't appropriate or reduces the amount, it would be wise to have the money available to compensate your landlord (as well as show the court your good faith intention).

    I would start off by (1) speaking to an attorney about your rights and (2) talk to your landlord to see if you can get the problem immediately addressed. At that point it might be wise to discuss with him a credit for the inconveniences you've faced.

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  • POA gone wrong

    My aunt dragged my dad to lawyers awhile back when he was diagnosed with cancer, she had him designate her POA, health Proxy, and he has a living will, that was all drawn up. Sadly I believe my dad entrusted her with these things because she's his...

    Mark’s Answer

    She has an obligation to act as your father's fiduciary. This means that she cannot engage in any self-dealing or misappropriation of funds. If she were to change the beneficiary designation and the pension accepted those changed (which I question they would do in the first place), you would have a basis to challenge any inappropriaate actions she took on behalf of your father as a violation of her duties.

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