Housing Court Attorneys

On March 11, 2014, in Landlord-Tenant, by John A. Weber IV, ESQ.

Role of Housing Court Attorneys

Court Attorneys in Landlord Tenant Proceedings

Court Attorneys play a significant role in landlord tenant proceedings where the Respondent is not represented by counsel.  In the interest of judicial economy, landlord tenant cases are only sent before the judge for conference after settlement options have been exhausted.  The Court effectuates this by requiring all eviction cases with pro se litigants to conference the facts of their case with the Court Attorney.

It is important to understand that the court attorney has no authority to make a ruling in a landlord tenant case or force any party to agree to terms that they find to be unsatisfactory.  Every litigant is still entitled to their opportunity to be heard by the presiding judge.  If an agreement is not reached after conference with the court attorney, the case will ultimately be sent to trial.

New York Landlord Tenant Attorney

The Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  Contact us at (516) 858-2620 to arrange a consultation with a  landlord tenant attorney.

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Mortgage Relief Scammers

The Federal Government appears to be increasing its efforts to protect homeowners from mortgage rescue scammers.  As we reported here, mortgage rescue scammers may attempt to take advantage of homeowners by fraudulent posing as government programs, accepting payments without providing services, or transferring title to the mortgaged premises, among other things.  The scale of this lawsuit, along with the fact that the Federal Government seems to be pursuing these types of cases more frequently, should discourage individuals attempting to pursue such practices.  But the fact that the Government named so many defendants also means that these practices are still probably quite common.  Homeowners should diligently research foreclosure rescue programs before entering any agreements, or making payments.  Read more about the lawsuit here.

Foreclosure Attorneys in Mineola

The Attorneys at the Law Firm of Vaughn, Weber & Prakope, PLLC are experienced in Loan Modification Negotiation and Foreclosure Defense.  If you have questions about these or other legal issues, call our office at 516-858-2620 today to schedule a free consultation.

What You Can(‘t) Do With a Nonprofit

On September 6, 2012, in Corporate, by Jason Mays, Esq.

What You Can(‘t) Do With a Nonprofit

A Senator was recently accused of stealing $30,000 from what’s being called a “sham nonprofit.” Apparently, the nonprofit received money for a “parent workshop.”  The senator allegedly took the money herself, and lied about educating community members.  If these allegations are true, it’s pretty obvious that this behavior was dishonest, and wrong.  You definitely can’t do that with a nonprofit.  But some activities that might seem innocent can also open a nonprofit up to liability.

Like other corporations, nonprofits are governed by bylaws.  Bylaws are a list of procedures or rules that directors must follow when making decisions.  For example, bylaws might require directors to present certain proposed actions to the membership.  If the directors take certain actions without member approval, the directors may be sued.  A court might issue an injunction, stopping the directors from taking those actions.  That could tie up the nonprofit’s assets, or cause the nonprofit to miss out on contracts, grants, or other opportunities.

For this reason, it is always advisable to speak with an attorney if bylaws seem ambiguous.  A qualified attorney can help directors decide what, exactly, they must do before they take action.

The Law Firm of Vaughn, Weber & Prakope, PLLC can advise you on nonprofit bylaws, or other aspects of nonprofit decision-making and governance.  Call 516-858-2620 today for a free consultation.

Debt Collectors Misled Borrowers

On September 6, 2012, in Debt collection defense, by Jason Mays, Esq.

Debt Collectors Misled Borrowers

Court Finds that Debt Collectors Misled Borrowers

A debt collection agency recently sent a letter to borrowers telling them that their student loan debts could not be discharged in bankruptcy, and must be paid. The truth is, student loans CAN sometimes be discharged in bankruptcy, although it is uncommon. Read more about this topic here.

Debt collectors misled borrowers often, judging from the number of successful Fair Debt Collection Practices lawsuits against them. If you have been harassed, lied to, contacted at unusual hours, or otherwise abused by debt collectors, you may be entitled to compensation.

Long Island Litigation Attorneys

The attorneys at The Law Firm of Vaughn, Weber & Prakope, PLLC can help in these matters.  Call (516) 858-2620 today for a free consultation!

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