William Whitaker Pulos's Answers

What should I do if I was involved in a rear end collission, sued the driver for the cost of my deductable, and he doesnt pay?

If your question is, "How do I get paid?" then I agree with Mr. Flanzig. You need to take what I presume is the small claims judgment, file it with the County Clerk's, then transcribe it to whatever other County Clerk's you need to order the appropriate sheriff to levy on the cab company driver's assets, bank accounts, home, auto. It doesn't appear as if you took a judgment against the cab company, but if you did, the procedure is the same. You can order the sheriff to levy upon and sell...

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Was hit from behind while stopped in traffic for red light. My car was a total loss.

Yes, you can sue the other driver for additional, provable damages, Just because you settle with your insurance company does not mean you can't sue the offending driver for your actual, provable damages, which may or may not allow you extra money. Hope this helps. An e-mail to/from this office does not create an attorney client relationship. An attorney client relationship begins only when a written retainer agreement is signed by both parties. This message is legally privileged. It...

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My husband just finished serving 2 years in federal prison and the us marshall wants him for violating probation is the possible

I need more information before attempting to answer this question. An e-mail to/from this office does not create an attorney client relationship. An attorney client relationship begins only when a written retainer agreement is signed by both parties. This message is legally privileged. It contains confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any...

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If my future husband is being sued for an auto accident, can they come after my money after we are married?

No, your personal wages cannot be garnished for someone else's debt. If you purchase a home jointly with your future husband and/or open financial accounts with him, many times in NY the rule is if your husband can withdraw the entire amount from the account, the creditor can freeze the entire account. Your home is a different story. Each spouse has a $ 50,000 exemption from creditors in the value of a jointly owned home, over and above the mortgage. it's difficult for creditors to...

Unlicensed/Uninsured 18 year old son takes car without permission, has property accident, am i liable for damages.

Best guess on these facts is could be, yes, you could be held liable. Have you been served papers, if so, turn them over to your insurance carrier immediately and take a receipt proving when you delivered the papers to your insurance company/agent. So, bottom line, turn everything over to your insurance company if a claim is filed against you. Also, contact a lawyer privately for confidential advice on your rights. Hope this helps. An e-mail to/from this office does not create an...

In Massachusetts, is it currently illegal to secretly audiotape or videotape another person without their consent?

I am licensed in NY, not Mass. In NY, however unseemly, you are allowed to unilaterally record conversations and activities, as long as during the act of recording you are not doing another illegal act, like trespassing. Hope this helps. An e-mail to/from this office does not create an attorney client relationship. An attorney client relationship begins only when a written retainer agreement is signed by both parties. This message is legally privileged. It contains confidential...

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My daughtor told me

I am licensed in NY. The consensus from my Mass. colleagues on this site seems to be that unilateral recording without permission is illegal in Mass. Hope this helps. An e-mail to/from this office does not create an attorney client relationship. An attorney client relationship begins only when a written retainer agreement is signed by both parties. This message is legally privileged. It contains confidential information intended for the use of the individual or entity named above....

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Company paid to do work in my home... they damaged home and will not pay. Taking to small claims. What should be expected?

This is attorney Pulos in New York. As a practical matter, the subcontractor working for the general contractor is in an awkward position criticizing their employer for shoddy work. If you want a real estimate of damage, get a fee-paid estimate from 3 reputable contractors that work in the area and average the 3 estimates together. As a practical matter, now cut that amount in half (1/2). It's quite possible that a judge or jury will hit somewhere around that figure in a hearing or trial,...

Can my manager ride by my home when I call in sick?

In NY, the employer has many rights. As long as your employer rides by your house on a public thoroughfare, or stands on a public right of way and is non-threatening, they are within their rights in NY. The employer has the right in NY to hire investigators, to follow you and videotape you as long as its "non-invasive" and is done from the public right of way or on property with the owner's permission. If you call in sick with a bad back and the employer films you outside chopping wood,...

I need a lawyer to write a cease and desist letter to some one who has been spreading runors and false acts about me

Does the person have an attorney? If so, send the letter to the person and the attorney. Be professionally nice. Consider having a professional write the letter for you/on your behalf. Don't make threats you can't carry through with. Set forth the facts as you understand them and ask the person whether the facts are true. Indicate that silence will be taken as an admission. Ask the person to clarify any statements made and their intent. If appropriate, consider asking for a...