We have been successful in getting debt collectors to drop their lawsuits against our clients.
In a recent case of ours, the debt collector filed a 1 page complaint seeking thousands of dollars in alleged unpaid charges. We defended the debt collection lawsuit by filing a 21 page response. A few weeks later the debt collector voluntarily dismissed its lawsuit with prejudice.
Most of us have heard that banks are having trouble foreclosing on home loans because they can’t “produce the note.” Well, debt collectors are having similar issues. Basically, debt collectors can’t prove that they are the proper party entitled to enforce the alleged credit agreement.
We proudly assist residents of Nassau county, Suffolk county, Queens, Brooklyn, Bronx, Staten Island, and Manhattan with debt settlement and debt collection defense. Call (516) 858-2620 to arrange a FREE consultation with an attorney!
Landlord Was Denied Late Fees
In the recent case of BROJA REALTY, LLC v. Amparo, 2011 NY Slip Op 51168 – NY: City Court, Civil Court 2011, Landlord was denied late fees of $3,750 (which had accrued over the last 6 years).
The landlord was denied late fees due to his delay in seeking the fees and his accounting methods. Most of the late fees being sought had accrued over four years ago. Additionally, the Landlord maintained two different accounting books, each reflecting different charges for late fees for the same period.
We proudly assist Landlords and Tenants in Nassau county, Suffolk county, Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters. Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!
Landlord Owes Tenant
Here is an unusual case where the landlord owes tenant $115,944.19.
Section 7-103 of the General Obligations Law provides, in pertinent part, that:
1. Whenever money shall be deposited or advanced on a contract or license agreement for the use or rental of real property as security for performance of the contract or agreement or to be applied to payments upon such contract or agreement when due, such money, with interest accruing thereon, if any, until repaid or so applied, shall continue to be the money of the person making such deposit or advance and shall be held in trust by the person with whom such deposit or advance shall be made and shall not be mingled with the personal moneys or become an asset of the person receiving the same.
In the recent case of 23 E. 39th ST. MGT. v. 23 E. 39th ST. DEVS., 2011 NY Slip Op 31684 – NY: Supreme Court 2011, the landlord failed to place a $400k security deposit in a segregated interest bearing account. The court found this to be conversion and ordered that the landlord return to the tenant, $115,944.19, the amount sought in the complaint, with interest at the statutory rate from October 9, 2007.
We proudly assist Landlords and Tenants in Nassau county, Suffolk county, Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters. Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!
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