(877) 282-2882Tap to Call This Lawyer
Carl Nelson
Badges
Claimed Lawyer ProfileQ&A
Practice Areas
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- Foreclosure Defense
- Real Estate Law
- Commercial Real Estate, Condominiums, Mortgages, Residential Real Estate
Professional Associations
- State Bar of New York # 4714788
- Member
- Current
-
Websites & Blogs
- Website
- Attorney Carl J. Nelson
Legal Answers
65 Questions Answered
- Q. I wanted to buy a house in different county. I'm in kings county and the property in broome county both in New York.
- A: You cannot bring charges as a private citizen, although you can report a crime to a district attorney among other authorities (e.g. the disciplinary committee). The DA's office files criminal charges on behalf of the people of the state. You will also want to ensure that you have properly asserted any defenses (such as forgery) and may also want to file counterclaims depending on the facts. I would recommend you contact an attorney as there can be pitfalls in litigation, especially for an unrepresented party.
- Q. I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.
- A: The statute of limitations runs from when a cause of action accrues to when a complaint upon that cause of action may be commenced. If they have a judgment, your right to raise that as a defense now is likely waived.
You may want to speak to an attorney about the implications of the debt, whether it is a lien on your property, and how to handle it. A bankruptcy may be an option, but there are a lot of other factors you will likely want to consult with counsel on before making that decision.
- Q. My late father did not include me in his life estate. My mom is the life tenant and my brother is the remainderman.
- A: You may share in whatever interest your mother has if she conveys it (all or a share) to you, but she cannot convey more than she has; so her life tenancy would not extend beyond her lifetime. Upon her death your brother’s heirs or those named in his will if he had one (whether that includes you or not) would inherit his remainder interest.
Contact & Map
