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Mitchell Aaron Nathanson
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Mitchell Nathanson’s Answers

958 total


  • Can I collect on a miscalculated loan?

    I lent someone money on March 2010 and that person repaid the loan entirely on August 20,2010 or so we thought. However, my then attorney miscalculated the amount that was due and we figured out this year that there is a substantial amount that...

    Mitchell’s Answer

    You can sue, but you likely will not survive the numerous defenses that can defeat your cause of action, including Accord and Satisfaction.

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  • Can debt buyers still charge interest? Is there a statute of limitations on interest on a charged off loan?

    Allied Interstate is a debt buyer, They claim interest is accruing on a daily basis. They do not have a judgment and the debt is beyond the statute of limitations. I know they can no longer sue but can they still charge interest?

    Mitchell’s Answer

    I'd like to break down your inquiry into a series of questions:
    1) Can debt buyers charge interest? A. If the original creditor was entitled to collect interest pre-judgment, the debt buyer is no different.
    2) Is there a statute of limitations on interest? A. No. The statute would apply to the original debt. So long as the original debt can be sued upon, interest can be assessed.
    3) They do not have a judgment and the debt is beyond the statute, can they still charge interest? A. If the original debt is beyond the statute they cannot sue ONLY on the accumulating interest.

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  • My pay is being garnished.

    Like I said my pay is being garnished. Hello, My name is Doug. So here is what happened, I have a credit card I owe money on and they started garnishment process while I was in the hospital. Immediatley after getting out of the hospital I had t...

    Mitchell’s Answer

    Go to the courthouse and review the file to find out the original creditor and the method by which you were served. If service was not properly effectuated then you may have a basis to vacate a default judgment that was entered against you. If the action was timely commenced and service was properly effectuated then the statute of limitations to enforce the judgment is 20 years.
    #LegalQ&A

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  • What do I do as a tenant if I receive a notice of foreclosure?.

    Hi,I'm a tenant in a basement apartment in Long Island NEW YORK,I received a "NOTICE TO TENANTS OF BUILDINGS IN FORECLOSURE" stating that the apartment that I'm renting is subject to foreclosure proceedings,Informed the landlord but he ignored me ...

    Mitchell’s Answer

    If a Notice of Pendency has been filed commencing a foreclosure proceeding, the Landlord will not have standing to maintain the action to evict you absent a court order from the Supreme Court. Consult with a L&T lawyer in Nassau County to defend you in District Court if you receive a Petition for a holdover or non-payment.
    #LegalQ&A

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  • What is our legal choices with regard to misrepresentation found out after the purchase of a home?

    We recently purchased a home in Baldwin, NY located on the corner where a canal meets the bay. While in the process of applying for permits we were informed a large selection of the land area that was located along the bay bulkhead was not our pro...

    Mitchell’s Answer

    The place to start would be with the lawyer who represented you on your purchase. What was transferred on the deed? Was the deed in compliance with the contract? What was insured by the title company? The lawyer who represented you would be the best to answer these questions.
    #LegalQ&A

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  • How do I collect my judgement?

    I have won a judgement against two people. One is judgement proof with no income. The other's income is SSI or SSD, am I able to garnish her income? If so, how? Go back to small claims court?

    Mitchell’s Answer

    Article 52 of the CPLR discusses all the different judgment enforcement mechanisms. Small claims court does not handle judgment enforcement proceedings. If all assets of the judgment debtor are exempt from enforcement at this time, you can continue searching for non-exempt assets for 20 years. A debt collections attorney may have the ability to locate and restrain assets which may not be visible to you.
    #LegalQ&A

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  • Is it possible for me to have an excess amount of cash in my savings account when I have a wage garnishment?

    I would like to start trying to accumulate funds in order to help pay off a previous credit card debt that is now in wage garnishment is this possible for me to save money in an account?

    Mitchell’s Answer

    I strongly recommend that you consult in private with an attorney who handles asset protection and Debtor/Creditor law. Proper answers and legal advice may not be provided in a public forum such as this.

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  • Do I lose the right to half of the home if leave prior to filing for a divorce? I live in Nassau county, NY. Thank you!

    Hello. I am considering divorcing my wife and would like to move out of the home prior to filing. my question is if I leave the home, do I lose the right to half of the home if leave prior to filing? I live in Nassau county, NY. Thank you!

    Mitchell’s Answer

    I strongly recommend that you consult with a matrimonial lawyer before taking ANY action!

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  • In New York State, after a civil lawsuit judgment, what is considered too low of an income for a wage garnishment?

    I have a civil lawsuit judgment against me that I truly cannot pay. I collect my social security payment monthly and my wife only earns $7,000.00 yearly as an independent contractor. I receive $20,540.00 yearly from Lowes. Therefore, the allowable...

    Mitchell’s Answer

    30 times the minimum hourly wage is the weekly exemption.

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  • Now what are my rights, can the landlord make a $200 increase after only two (2) years since the last increase?

    My partner and I live in a two family home. The landlords, who live on the 1st floor, increased the rent in 2014 from $1,800 to $2,000 and increase of $200. Now two(2) years later they are increasing the rent again by $100. Can they increase the r...

    Mitchell’s Answer

    Unless the lease precludes it, the landlord can increase the rent on 30 days notice.

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