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David Harlow Relkin

David Relkin’s Answers

65 total


  • New York's requirement that corporations must be represented by legal counsel

    If a judge in a civil case in NYC orders a corporation's representative to have the corporation represented by legal counsel on the return date of the court case, but that isn't possible because of insufficient funds to retain counsel and unavaila...

    David’s Answer

    Unfortunately, while you can represent yourself, in New York there is a very strict rule requiring a Corporation or other entity be represented by counsel.
    Try to find an attorney willing to handle the arbitration on behalf of the Corporation.
    While I don't mean to make light of your situation, but I once saw a joke (sort of applicable here) in which one attorney tells the other attorney, "you know that ignorance of the law is no excuse," and the other attorney says "I didn't know that." Good luck. Seriously, get an attorney to handle the case on a discounted basis.

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  • Is acceptance of employment always acceptance of a mutual arbitration agreement between the company and employee?

    I received a copy of a 'Mutual Arbitration Agreement Between At-Will Employee and Company' from my employer and at the end of the first paragraph it states, "Acceptance of employment or continuation of employment with Company is deemed to be acce...

    David’s Answer

    Absolutely not. Arbitration is consensual. The only way that an employer can compel you to arbitrate is after you and the employer have agreed to arbitrate disputes. There are some employers who have you sign such an agreement when you are hired, but that is still a rare device. Thus, absent an agreement there is no way that an employer can compel you to arbitrate.

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  • When does an arbitrator's ruling become a formal order (law)?

    In binding arbitration, the arbitrator makes a ruling. Is that ruling immediately binding upon a party (does it already carry the weight of law), or does it only formally become binding law when the Court signs off on it? I know that parties are...

    David’s Answer

    I answered this questions in response to the question: "How can I collect my Arbitration Law.

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  • How can I collect my arbitration award?

    The employer lost the arbitration case in February, it is now June. They have not rewarded me my back at all. They will not answer anyone in regards to my case. Can I retain an attorney and get some help. The contract says that the employer has 2 ...

    David’s Answer

    An Arbitration Award is only that: an Arbitration Award. It is a private resolution of a dispute. In order to enforce such an Award you must seek Court intervention to "confirm" the Award. This requires, at least in New York, a special proceeding. In New York, this type of proceeding is a virtual slam dunk--Arbitrators can make errors of law, can disregard evidence, and make just about any time of error. The errors that might undermine the confirmation would be notice from the other side that a key witness became unavailable, but I am not going to elaborate; while you could go on and on, I believe you should retain counsel to confirm the Award. Once confirmed, you have all of the enforcement methods which a person with a judgment would have.

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  • Will an unpaid medical bill be reported to the credit bureau agencies and negatively affect my credit score?

    Im wondering what my options are if an allergist in NYC sent an unpaid bill into collections that I refused to pay the bill because he only provided partial services. Instead of testing me for 60-70 allergens all at once he wanted to me come in on...

    David’s Answer

    The notification of the bad debt is a violation of the FCRA. A disputed debt cannot reduce your credit standing. Obtain a copy of all three reports which you can do on line and then dispute the items with the facts that you have proof of.

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  • Check fraud- how do i file fraud charges against my ex for keeping my mortgage escrow checks and refusing to send them to me?

    how do i file fraud charges against my ex husband for holding onto mutual escrow mortgage checks? he and his attorney failed to alert me to having the check. he also refuses to signs it. i contacted my bank and they told me he has custody of other...

    David’s Answer

    The easiest answer is to file a complaint for grand larceny with the Police Department. He has stolen your money and cannot deposit the checks without forging your signature.

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  • How should I proceed to try to collect this debt.

    I have a rental house in Illinois, and I live in Nashville. My tenant stopped paying rent last February (2015) claiming he was waiting for social security disability. This went on for 3 months then he left and moved to Arizona. I don't have his fo...

    David’s Answer

    • Selected as best answer

    You can check the location of most phones simply by using 411.com. Then call a collection attorney in that area and he will probably take the matter as a contingency.

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  • Once a partial satisfied judgment is filed with the court, Can the plaintiff still collect the remaining balance?

    A default judgment was entered against me in 02/1999. My wages were garnished from 2007-2010. A judgment of partial satisfaction was filed by the sheriffs office in 08/10 stating 0.00. On 02/16 I recently received an information subpoena pertaini...

    David’s Answer

    • Selected as best answer

    If the Satisfaction of Judgment showed zero, how could it be a Satisfaction, and if it showed a zero balance, why would it be called a "Partial" Satisfaction? If you can provide a copy to me, I can easily answer the question, I have been doing collections for 30 years.

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  • I am looking for a trial attorney to litigate my case. Where can I post it?

    I have a consortium claim due to malpractice in New York County. The forensic expert in his report described the malpractice as, "...constituted gross malpractice to an unconscionable degree." I am looking for a trial attorney to litigate my ...

    David’s Answer

    Take this post down. Do your due diligence on the web.

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  • When the Defendant's motion to dismiss is denied, will the next be Discovery or something else?

    Federal Court

    David’s Answer

    A motion to dismiss is virtually always at the commencement of the case; this means that, upon denial of the motion by the defendant, he now has to answer the complaint and discovery will commence.

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