FREQUENTLY ASKED QUESTIONS

Categories
Debt Harassment
Intellectual Property
Landlord-Tenant
Real Estate
Trusts and Estates

 

Debt Harassment (Return to top)
Q: I have been receiving telephone calls every day from a collections agency. Can I sue them?
A: There are many actions that credit card companies or collections agencies take that can violate state and/or federal law. Please take a look at the following checklist to determine whether you may have a case. Please contact our offices today to schedule an appointment, and it would be our utmost pleasure to assist you.

Intellectual Property (Return to top)
Q: Someone is violating my trademark on the internet. Can I sue him to make him take down his website?
A: If someone is violating your trademark, whether on the internet or not, there are steps that can be taken to force them to stop, as well as to recover your damages and/or their profits. In addition, if they are using a website name that contains your trademark, steps can be taken to take the website down or have it be transferred to you. However, not every case necessarily involves someone violating your trademark. Please contact our offices today to schedule an appointment, and it would be our utmost pleasure to assist you.

Landlord-Tenant (Return to top)
Q: I have a commercial lease and the landlord is violating the terms of the lease. May I withhold rent until the problem is resolved?
A: Unfortunately, a tenant's duty to continue to pay rent is not suspended, even if the landlord breaches its obligations under the lease, unless there is an express provision in the lease declaring the circumstances under which the tenant may withhold his rent. Particularly in a commercial context, where both parties are represented by counsel, the obligation of a commercial tenant to pay rent is not suspended if the tenant remains in possession of the leased premises, even if the landlord fails to provide essential services. However, if the Landlord is violating the terms of the lease, there are certain legal steps that may be taken. Please contact our offices today to schedule an appointment, and it would be our utmost pleasure to assist you.

Real Estate (Return to top)
Q: My house is being foreclosed on because I can't pay my mortgage. What do I do?!
A: The first thing to do is not panic. Bring whatever papers you have received from the bank's attorney to a lawyer. There are pro bono legal services that help people who are being foreclosed on. Many new statutes have been enacted recently in New York to protect the homeowner and force the banks to work with the homeowner in good faith to keep them in their house. There are also many new procedural requirements that the banks, the collection agencies, and the bank's attorneys must follow, and the case can be thrown out if they did not in fact follow those requirements. Please contact our offices today to schedule an appointment, and it would be our utmost pleasure to assist you.

Trusts and Estates (Return to top)
Q: I am the named executor in a will. The person just died. What do I do?
A: Before taking any steps as executor, you must first be awarded what are known as Letters Testamentary. This can be accomplished by submitting the original will, certified death certificate, and other required forms and documents to the Probate Court. You will also have to send out certain notices and waivers to people named in the will, or who would inherit from the deceased if there was no will. Once you receive the Letters Testamentary from the court, you can then begin to administer the estate. Being an executor is involved, especially if there are many assets in the estate, but you do get compensated for your work from the estate. Please contact our offices today to schedule an appointment, and it would be our utmost pleasure to assist you with either your probate filings or your administration of the estate.