New York Debtor And Creditor Legal Questions

I would suggest you contact a lawyer to review the court records to determine whether an action has been cmmenced against you and whether a judgment has been entered. If so, you will want to bring an order to show cause to vacate and stay the proceedings. In addition, you should dispute the debt with the credit reporting bureaus.... Read More

I am quite familiar with this procedure as I have clients who do this quite often.  What likely happened is the hospital billed you for your co-pay and billed the insurance company for the balance.  Insurance companies send money to hospitals in bulk and it takes time to parse which money is credited to which account (yes, years).  What may have happened is that the insurance company paid less than what the hospital billed, for a possibility of a slew of reasons. Perhaps you hadn't reached your deductible, perhaps you exceeded maximum coverage for your plan, perhaps your plan covered only a percentage of the charges, perhaps the rate your plan covered was less than the rate charged, perhaps they were not participating providers or the contract terminated ... What I would suggest you do is contact your insurance carrier and research the status of the claim. You can request what is called an "Explanation of Benefits" which may very well detail precisely why the bill was not paid in full and why the hospital made an "administrative adjustment."  You very likely signed something at the hospital that stated that you would be responsible for any payments not covered by insurance.  As such, I suggest that you make the effort to discover the basis for the adjusted bill.  You will not likely be sued for such a small amount, but it may negatively affect your credit.... Read More

It is impossible to answer how a conclusion you have reached on your own is possible.  Was your mother given any papers at the time the documents were executed?  Your mother may certainly request a copy of her file which should be reviewed by a lawyer.  You are correct that a TIL was required to be provided.  You will more importantly want to see the HUD-1 which accounts for every penny at closing and hopefully will reveal the whereabouts of the $20,000 you believe to be unaccounted for.  Have her make a written request to PNC and see how they respond.... Read More

If you suspect identity theft you should contact the police and get a police report and then report this to your insurance company to resolve on your behalf.  If you know the individual who used the card without your permission you should sue them.  Understan that this individual is likely to be prosecuted, so if you do not wish that to happen you better work out a settlement agreement.... Read More

It is possible that you were served an information subpoena for the purpose of collecting location information on your son.  This is a legitimate demand.  However without viewing the information subpoena I can not be certain. Please make an appointment with a lawyer in your area to review to get an accurate response.... Read More

You need to sue in Civil Court if in NYC, or county court, if outside of NYC.  It is a simple suit.  However, he will say it was a gift, not a loan, so unless you have something in writing that acknowledges the debt, you are not clearly going to win.  Such a case might be $1500 in legal fees.... Read More

No, but I am assuming you mean if there is a restraint, not if there is a levy.  The restraint precludes any account activity. The levy is the act of taking.  Much depends on the balance of the judgment and the balance available in the account.  The account may be restrained for up to twice the amount of the judgment debt.  The first $1740 is exempt from restraint as well.  Also, if the account is jointly held with a non-judgment debtor, a levy can only be completed upon the issuance of a turnover order. Please feel free to visit my website for services offered.... Read More

You should be aware that $1740 is exempt. You should also be aware that if the account is jointly held, only the funds belonging to the judgment debtor can be levied, although the entire account may be restrained. In such a case, the judgment creditor must seek a turnover order from the court to determine the funds upon which the Sheriff/Marshal may levy.  I would suggest you contact the lenders lawyer to make a deal at this point. If the "other" account has available funds, they will find it soon enough. Please visit my website, The Nathanson Law Firm, LLP,   for more information.... Read More

You would likely require an Order to Show Cause, which, depending on the court and the status of the action, may require a Request for Judicial Intervention. If you have a meritorious defense to your default of the settlement agreement you would need to stay further action, specifically entry of a judgment.... Read More

You are throwing around terms and I am unsure if you understand proper usage of "charged off" and "subpoena."  Were you sued? Was a judgment entered against you? If you were served with an information subpoena post judgment, the law requires you to respond to the written questions or to appear to answer questions in person.  If you were served with a Summons and Complaint, you need to serve and file an Answer. In either event, I suggest you consult with a lawyer and show him or her the document you actually received.... Read More

That is a very good question, and the answer is ... it depends.  Your IRA is protected as an exempt asset until it is withdrawn.  Once withdrawn it becomes attachable.  As to your SS, I suggest you maintain a separate account containing only exempt proceeds to avoiding having the account restrained with co-mingled assets.... Read More

Up to 10% of your gross earnings can be garnished to enforce a judgment upon a Sheriff or Marshal's levy of an income execution in judgment enforcement proceedings.  If you feel that something was improper, contact a lawyer. For more information, please visit my website, www.nathansonlaw.com .... Read More