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Todd Eric Houslanger

Todd Houslanger’s Answers

53 total

  • How can a Lawyer that Providian hired when Providian is not in business anymore sue someone and take them to court.

    Todd’s Answer

    When a lawsuit results in a determination in which the Court directs payment from one party to another, that often results in a judgment. The judgment is a decree of the court. If the decree is not complied with it does not dissappear. The judgment is effective for 20 years against personal propertyt - see NY CPLR 211(b) - and can be renewed for another 20 years. The judgment accrues interest until paid.
    The life of this judgment may be longer than the time a company remains in business. Judgments have value. They can be transferred or sold, which is called an assignment, form one party to another. The one who receives the judgment is the assignee and stands in the shoes of the original creditor. Your scenario sounds like the collector is seeking payment on a judgment entered in favor of Providian or originally owned by Providian at a previous time. I hope this helps.

  • How long must a school bus stop sign be deployed before a driver can be cited for illegally passing the bus?

    Todd’s Answer

    My colleague is correct and he is most polite. School buses are designed with safety in mind. Before the Red lights flash (whether or not the bus carries a stop sign or not) yellow flashing lights signal about 200 to 300 feet prior to the stop. Yellow lights are a warning that means the bus is preparing to stop to load or unload children. Slow down and prepare to stop your vehicle. Red flashing lights mean the bus has stopped and children may be getting on or off. The advent of a retractable stop sign is a mere convenience and an additional warning sign. PAY ATTENTION to the lights on the bus. Now, I can understand the quandary drivers face when a bus is traveling in the opposite direction on a 4 lane highway, especially if there is a medium in between the lanes of traffic. The law is that you must still stop for a school bus in such circumstances. You may get beeped by other motorists behind you who do not recall the rules. Always do the right thing and you need never worry. These are hard tickets to negotiate so to maximize your (or your wifes) chances hire an attoreny who may be able to work this out in the SCTPVA. Good luck!

  • I was pull over with TLC Police officer for not fully stop on stop sign. He said that give me a warning what does it mean?

    Todd’s Answer

    Police officers in the field have tremendous discretion. Often times they are misunderstood for doing their jobs. Most Police Officers are friendly and kind-hearted. Police officers are more interested in safety. If a warning will address the issue and there are no exacerbating circumstances, the motorist may not be charged with a violation but can accept the warning gracefully with the hope they will be more careful in the future. The warning is not a ticket.

  • Can I sue a person's estate if I was a caregiver and I wasn't paid the full agreement that we settled on.

    Todd’s Answer

    You may file a notice of claim with the executor\administrator and file a copy with the Surrogates Court Clerk. You may not need to bring suit if they acknowledge your claim. However, you will want to keep close tabs on the estate, assuming, of course, they filed same. You will need to establish your claim by admissible evidence. It may be hard to sustain if all you have is a verbal agreement. Depending upon the time period in which payment was due may make your claim subject to New York's Statute of Frauds (see NY General Obligation Law 5-703). Part performance (the prior payments) may assist your claim if there was further evidence of your agreement. I agree with Mr. Chertock and suggest you contact an attorney. Good luck!

  • Is the settlement still valid?

    Todd’s Answer

    Your question is a good one. We sometimes find ourselves in unexpected situations. In any situation where there are two sides and the parties want to resolve the issues, each should understand that a resolution requires compromise, a give and take. Each party must treat the other civilly and with respect. I can only speak for attorneys (your question mentions creditors, but does not indicate if there are attorneys involved. I would assume so if you were in Court, but I prefer not to assume!) If you have a change of heart and want to withdraw your settlement offer, you should make that request immediately, memorialize it in a writing, and seek an acknowledgment that the creditor received it. Any upstanding attorney (or creditor) would generally take the honest approach and set it aside. It would be hard to enforce an agreement if immediately after you signed it you recanted on the basis of a misunderstanding or other error. However, if you allow the passage of time and do or say nothing, and if you take any steps in furtherance of the settlement, such as make a payment, your action will demonstrate that you intended to be bound to what you signed.
    My motto is always to do the right thing and you never have to worry. Attorneys take an oath to remain ethical. I suggest your faith in the creditor or their attorney will be well-founded.
    Good luck!

  • I got a speeding ticket?

    Todd’s Answer

    Both of my colleagues are 100% correct. In most of Suffolk, the ticket is returnable at the Suffolk County Traffic and Parking Violations Agency. You should hire an experienced attorney. The prices vary based upon experience and the nature of the violation as well as the driver's driving history. You indicate you have a clean record which is in your favor. However, note that the greater the reduction the greater the fine may be; that is the exchange. It would be in your best interest, reduce potential insurance rate increases and potential future situations (3 speeds in 18 months or aggregate points resulting in license suspension) to have this professionally handled by doing all that could be done to reduce the matter to a no-point or reduced point violation if possible.

  • How can I fight this ticket?

    Todd’s Answer

    That's a tough break you got. Under the heat of the moment when you are nervous, all you want to do is get out of Dodge, as they say. They also say the truth is a complete defense. Either way, you are charged with a speed. Depending upon where the ticket is returnable the Court may engage in a conference or negotiation. Also, the Police officer may be the one who may be negotiating the ticket (such as in local Town or Village courts). If what you say is correct, the police officer would normally keep a record of the incident in his memo book and hopefully, the Officer recorded what he stated to you was the 60-mile violation. Regardless, you may be able to negotiate the speed to a non-speed or better, in which case it would not be an issue of fact. If you are in a jurisdiction that does not negotiate or conference, such as the City of the NY, where traffic tickets are adjudicated before the NYS TVB (Traffic Violation Bureau) the Police Officer will be there to testify and you can question him. Either way, you should enter a not guilty plea and either send in your ticket or be better off retain an attorney ASAP if you can handle the fee.

  • If you get a ticket in NY can you appear in court on any date or you have to go on the date written on the ticket?

    Todd’s Answer

    • Selected as best answer

    Perhaps. It depends where the ticket is returnable. If you received this in Nassau County (as I surmise since you are from Massapequa, NY) then you may be able to go to the NCTPVA located on Cooper Street in Hempstead. However, Due to Covid-19 restrictions, as stated on their website, "At this time, walk-ins are not being accepted at TPVA." I suggest you check their website, enter a plea of not guilty and send in your ticket with the proof of inspection. If the date you receive is not convenient, you may attempt to reschedule it for another date. While your explanation is simply not going to get the ticket dismissed, I feel that your actions and the successful inspection may be justification to have your violation dismissed upon proof. An attorney can also appear for you to adjudicate this matter, but it does not seem worth the expense, as you can do this yourself and there are no points or high fines to be concerned with.

  • I had a speeding ticket "ACOD" in court, what does that mean?

    Todd’s Answer

    After 6 months the matter will appear on the Courts ACOD calendar and unless there is an application by the prosecutor, the matter will be dismissed. There will be no record of the matter. (If this were an actual arrest for a crime, the fingerprints and mug shots would be destroyed and the matter would be sealed based on the lack of conviction for a criminal matter.) Good luck.

  • What can I do I just got a ticket going 75 in a 50 on a expressway being 17 years old and Turing 18 next month ?

    Todd’s Answer

    Sorry to hear that. This ticket should be returnable in the Nassau County Traffic and Parking Violations Agency. (Not juvenile court as a previous answer from a California suggests.) You should hire an experienced attorney right away who can appear for you and work to reduce the violation.
    Todd E. Houslanger, Esq.
    372 New York Avenue
    Huntington, New York 11743