Claimed Lawyer ProfileQ&A
- Arbitration & Mediation
- Consumer Law
- Free Consultation
- Contingent Fees
- Rates, Retainers and Additional Information
For consumer debt issues, we offer a fixed fees starting at $500 with contingency for success. Competitive bankruptcy fees. Email for more information
Jurisdictions Admitted to Practice
- New York
- 2nd Circuit
- Federal Circuit
- Anthony J . Pietrafesa Esq
- - Current
- We defend consumers We vacate judgments We fight foreclosure We sue debt collectors
- Deputy Counsel
- NYS Office of Children & Families
- Championed daycare regulation enforcement Agency Ethics Officer
- Deputy Counsel
- NYS Higher Education Services Corp
- Counsel to NYS 529 Plan Oversaw agency contract function
- Assistant Attorney General
- NYS Attorney General
- Managed the Medicaid Fraud Control Bureau in Syracuse ; Trial Attorney
- Private Practice
- Syracuse University College of Law
- J.D. (1981)
- Colgate University
- National Association of Consumer Advocates
Websites & Blogs
45 Questions Answered
- Q. Do you know about a case where a couple filed for divorce and jury sentence them to live together in their brownstone
- A: This must be a joke. Nothing stops umarried, even divorced persons, from living in the same house. But no one " sentences" anyone to anything in a civil action like divorce.
- Q. Can file for alimony year after divorce?
- A: You had to sign an separation agreement or some other provision regarding spousal support. What does it say? If are healthy and working and the same was true when you were married, you may not qualify for spousal support.
- Q. How do I confirm my judgement was part of the PFAU case and ALP. Where can one see the schedule of judgements entered an
- A: You should have received notice from your judgment creditor if you were part of Pfau. You might be able to call the AG's Offic ein Buffalo (they handled it) to see if they an say you were part of it or not. Regardless if you were part of Pfau, if ALP or " We Servie it for You" was involved in the service of process against you, you may have grounds to contest teh validity of the judgment. Don't wait! Get a copy of the papers from the court and see a consumer lawyer
- Q. If I Have one income judgement against me and am payin on it can a creaditor attempt to collect another one
- A: Any judgment creditor can file an income execution, but only one will be paid at a time. They file them to " get in line."
- Q. I owe a collection agency, can they freeze a joint bank account I have with my wife?
- A: If they have a judgment against you, they can seek to restrain bank accounts, including those that are joint. Banks likely will honor a restraint on a joint account. Then it will be up to you to proved whose money is in the account, yours or hers. In som eparts of the state, it is presumed the money is owned 50-50.
- Q. What is the proper proceedure to follow when trying to collect a judgment based on a submitted Bill of Costs in New York
- A: You have to file a proper bill of costs with the Clerk, who will reduce it to a judgment. Once you get your judgment, notify the other side. If they do not pay, see your COunty Sheriff or hire a collection attorney.
- Q. Why was a notice of Judgment entered against me in the newspaper when my lawyer got an order to show cause?
- A: The judgment is still a judgment. Lawyers don't report these things to newspapers, it gets picked up by reporters. Sorry it happened. However, more importantly, check your credit report now and in a few weeks to see if it shows up there, too. That way, if you successfully get the judgment vacated, you can take that order and have the judgment removed from your credit report before it can do real damage.
- Q. I have had two bank accounts frozen by Sharinn and Lipshie (FIA). I need the funds in this accounts desperately.
- A: You can try to negotiate a settlement with them. Or you can try to fight the judgments ( if you think you have cause) by bringing an order to show cause in the courts where the judgments were entered. You may not get the money back righ taway but you could get an order staying S&L from executing on the bank accounts.
- Q. I won my case in Court and got a judgment against the defendant, who did not show up to fight the case.
- A: As stated, a money judgment is collectible over 20 years. It can also be a lien on real property owned by the defendant for 10 years. I assume you go tthis judgment in a small claims court. If so, see the Court Clerk and ask for a transcript you can docket in your County Clerk's Office. That will make it a lien on real property. If you think the defendant has property or works in another county, get the County Clerk to give you trasncripts so you can file them in other counties. If I recall, trasncripts will run you $6 and it costs $10 to file.
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