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Joseph A Mullaney III

Joseph Mullaney’s Answers

243 total


  • Looking for attorney in Jersey City, NJ on equal shared collection basis

    I am looking for an attorney who can appear in court and also collect the security deposit from my landlord. Specifically looking for a contract where its not a one way expense for me, but will take up the collected amount in equal percentage basi...

    Joseph’s Answer

    "where its not a one way expense for me"

    Generally, clients ultimately bare expenses. Law firm's are not banks.

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  • My father passed away January 17, 2014 in Texas. A roommate took funds from his acct. via ATM afterwards. How do I recoup?

    I just went to Wells Fargo today & learned of add'l transactions subsequent to 1/17. There is not much money involved but how do I get this person to repay fraudulent withdrawals?

    Joseph’s Answer

    Generally, when a person without authorization accesses a bank account and withdraws money, the victim must report the matter to the bank in writing to trigger certain rights under the Electronic Funds Transfer Act. Phone calls, faxes, emails, website disputes are insufficient. After the bank timely receives the written/mailed dispute, it must conduct an investigation. If there was indeed an unauthorized access to a bank account, a bank usually must reverse the losses.

    The father's executor or administrator or next of kin is running out of time to mail a written dispute cert./rrr to the address stated on that back of the bank statement identified for disputes for disputes.

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  • Can my estranged wife legally remove money from a joint checking account that funds were only deposited by me?

    Can my estranged wife legally remove money from a joint checking account that funds were only deposited by me before and after our date of separation?

    Joseph’s Answer

    Generally, when two people (regardless of marriage) contract with a bank to obtain a joint bank account, both persons agree, in advance, that regardless of who deposits money, both may withdraw none, some, or all of the money. That's why its called a joint account. If someone did not want another to withdraw money from his or her bank account, an individual account is necessary.

    If one joint depositor wants to maintain an interest in money in the account (whether or not he or she deposited it) or if a joint depositor believes an agreement between exists that separation of funds will be maintained despite the joint nature of the account, a court generally must resolve that dispute.

    The bank is not necessarily liable or responsible for any disputes between the joint depositors.

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  • Just a quick question for educational purposes. The question is can one's dad be his trustee in bankruptcy?

    I was doing this project on ethical issues. so if a person is applying for bankruptcy, and his father is a licensed trustee. So can he elect his father as his trustee in bankruptcy?

    Joseph’s Answer

    Generally, debtors elect no one to be trustees. The selection of trustees is a function of the court. A father would not be appointed for his son's bankruptcy.

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  • I have large amount of debt after my divorce and finally after 4 years I'm getting back on my feet

    I have large amount of debt after my divorce and finally after 4 years I'm getting back on my feet. I have 2 judgments and lawyer (Collection-agency's) calling me to make payments or to make a settlement. My goal is to get my credit score back and...

    Joseph’s Answer

    Generally, when a consumer obsesses about his or her credit report/score while having multiple defaults and judgments, that consumer is set up for failure. One should not resolve debt simply because it has an effect on credit reporting/scoring. One resolves debt to protect one's assets. Judgments are particularly destructive when wages are garnished, bank accounts levied, etc. To be subject to debt collection law firms and judgments makes the issue of credit reporting/scoring irrelevant. Indeed, when one is in so much debt (within the statute of limitations), he or she cannot afford the *luxury* of prematurely worrying about credit reports/scores until the debts are appropriately resolved.

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  • Are national banks operating in NJ as well as NJ based insurance companies subject to the NJ Consumer Fraud Act?

    I have evidence that a national bank operating in New Jersey as well as a New Jersey based insurance company have met the criteria for Consumer Fraud under the New Jersey Consumer Fraud Act (NJCFA). My question is as follows: are the above entiti...

    Joseph’s Answer

    Generally, when a consumer believes a business violated his or her consumer rights, a consultation with a Consumer Rights Attorney is indicated. Spending time being a "Google Attorney" is hardly worth the effort. Few clients who claim they have evidence as to here and there and that the law says this and that have ever been right. Attorney's fees are mandatory if the consumer proves a CFA violation and wins an award for an ascertainable loss. Thus, let the attorneys do what they do and seek a consultation.

    Generally, the NJCFA applies to National Associations so long as the alleged wrongdoing is not covered by the federal National Bank Act or otherwise preempted. Generally, the NJCFA applies to insurance companies so long as the alleged wrong is not solely covered the insurance commissioner's primary jurisdiction of regulating insurance. A careful analysis depends on what the alleged wrongdoing is.

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  • I signed a contract for a timeshare in June 2010 when i signed I was on SS disability for mental illness can this contract

    I paid the monthly payments for about a year now they are going to foreclose. Is this contact legal. As I was on medication for the mental illness at the time and not in clear mind this was in florida. I signed this with my wife who is now my ex. ...

    Joseph’s Answer

    Generally, mere mental illness and doing "things that normal people would not do" is not a defense against an otherwise properly-formed contract. But, if a person lacked contractual capacity (e.g., infancy, intoxication, impaired mental state, etc.) to enter a contract there may be a defense against a contract's enforcement. Such defenses are generally the burden of a person claiming them.

    Generally, mental illness is not a defense against personal responsibility.

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  • While I was in jail my ex girlfriend got into my email account, bank account and social media accounts. can i charge her

    She had my phone while I was in jail and helped herself to my private business

    Joseph’s Answer

    Generally, when a person unlawfully accesses a bank account, that person has committed a crime. Regarding email and social networking, there may be federal laws that apply to unlawful access: Unlawful Access to Stored Communications Act and/or the Stored Communications Act. Generally, one ought to file a police report in the location where the unlawful activities occurred and seek assistance from the local prosecutor regarding "charges."

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  • Jefferson Capital debt reporting

    I had an old Aspire card that I last paid on in 2009 almost 5 years ago . Due to medical tragedy in my family I lost track of things until a couple of years ago . The Aspire debt was sold to Jefferson Capital who reported I paid them in 2010 altho...

    Joseph’s Answer

    "I have Debt Validated Jefferson Capital twice with no response." Generally, there is no such thing. The FDCPA describes how, when, and under what conditions a consumer may dispute a debt. If a consumer properly disputes a debt within the requirements of the FDCPA, the debt collector is required to obtain verification of the debt OR stop debt collection. It may simply choose not to "debt validate" (whatever that means) and cease debt collection as the FDCPA permits.

    "They sold the debt to a local law firm over a year ago and I debt validated them with again no response." The asker has no factual basis at all to allege that a debt was "sold" to a debt collection law firm. Generally, law firms may not buy and collect defaulted debts without carefully navigating the stringent rules of ethics. In that instance, it is almost unheard of for a law firm to get into the buying and selling of junk debt. There is one instance in NJ, and that law firm was spanked badly by the federal court (Chulsky v. Hudson Law Offices, P.C.).

    A debt collector may choose to stop debt collecting and refuse to verify an alleged debt in response to a valid, FDCPA dispute of the debt.

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  • If a physician completes DPW forms that state "Permanently Disabled" and you have no income/kids, are you eligible for diversion

    My Physician completed Department of Public Welfare forms stating "Permanently Disabled" & I had zero income and no children & not pregnant, No savings or resources. I applied for SSD & SSI But am awaiting determination. I was denied Diversion & ...

    Joseph’s Answer

    Generally, a person denied DPW receives a denial letter and appeal instructions.

    "You have the right to ask for a Department of Public Welfare (DPW) hearing to appeal a decision if you believe it is unfair or incorrect, or if DPW fails to act on your application for benefits. You may file the
    appeal at the [County Assistance Office]. If you appeal, you may also request an agency conference before the hearing. If your appeal involves expedited SNAP benefits, you have the right to have this conference with a supervisor within two work days. At the hearing you may represent yourself, or someone else, such as a lawyer, friend or relative may represent you."

    If one feels his or her application was improperly denied, follow the appeal instructions. One may also consult with an attorney as stated.

    Generally, there is no such thing as "permanently disabled" except, perhaps, for blindness. Deluding oneself into thinking one is "permanently disabled" will only lead to a lifetime of insecure government benefits under constant review.

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