The Elliot Schlissel New York Law Blog

Difficulty in paying off outstanding student loan timely is a common issue especially for the college graduates on a tight budget. When the payment towards the loan becomes significantly late, many private lenders request for a writ of garnishment from the learned court. And if it happens, then your current employer, by law, has to withhold certain amount of money from your paycheck. The amount will be forwarded to the learned court which consecutively pays the lender.

If you’re facing such a situation, here are the steps that can help you stop wage garnishment on existing loan, in spite of beliefs to the contrary.

• Pay off the loan on time – At the outset, you need to try paying off the loan. If you already have some savings or can manage to get a low-interest loan from your friend or relative, you can use the fund to pay off the existing loan in full. This definitely closes the account and you can stop wage garnishment. If you’re capable of pulling it off, you might wipe out your nest egg. But the interest-savings will be substantial over time, especially should you have some earnings on your savings. However, if this doesn’t work out, you may contact the lender.
• Negotiate for some alternative plans – Talk to the lender or someone from the company’s management team and discuss on an alternative plan. If you some plan in your mind, you can adhere to it and ask your lender to stop garnishment against a regularly scheduled payment plan or an amount of money which would be larger than the amount the lender is garnishing for. If the lender agrees with your plan, then ask them to sign off a written agreement.
• Pay a large amount as arrear – If you want to pay some amount of money as arrear, try to make it in full. If the lender won’t swap a simple payment plan offered by you for stopping garnishment, ask them to provide you with the amount representing the total of skipped monthly payments.
• Refinance your loan – You will find a number of lenders that specialize in purchasing distressed students’ loans or refinance existing student loan taken from banks or other lenders. If your lender doesn’t budget, then you just apply for a loan from another lender. The new loan would pay off your present account and stop the garnishment and you can start with a new lender. Moreover, you may qualify for a better interest rate and more reasonable terms with them.
• Appeal before the court – In case your present lender doesn’t want to work with you, you may contact a student loan attorney and ask him to file a ‘Claim for Exemption’ form with the learned court. On the form, you need to list your monthly expenses, gross income, dependents and a reasonable explanation of why and how the wage garnishment is damaging your financial capability to run the family. After the form is filed, the attorney is likely to schedule a hearing date on which he will explain your situation to the judge.

Discussed above are some the most important steps following which you can avoid wage garnishment owing to nonpayment of student loan. Remember not to disregard any letter, email or phone call from your lender.

Marie is a professional blogger, who covers a variety of topics including make money, stock market, loan, debt, bankruptcy, budgeting, binary options brokers in USA, retirement investment and she has been writing for the last 5 years.

In 2010, the State Legislature in New York passed laws with regard to temporary spousal maintenance which is more commonly referred to as alimony. Since then, many divorce and family law attorneys as well as Judges have been upset about these new laws. The temporary maintenance formula is intended to provide a greater level of consistency in all awards made by courts, concerning families involved in divorce litigation. The 2010 amendment to the alimony laws in New York was supposed to alleviate concerns high income families had over issues such as one-time bonuses and mortgage payments.

State Legislature Appoints A Commission

After the temporary alimony law was passed in 2010, the State Legislature organized a commission to evaluate the effectiveness of this new law. The commission made a recommendation that the formula for alimony enacted in 2010 should only apply to people earning up to $136,000 per year. In a divorces involving couples with income greater than $136,000, judges would be given discretion to determine what, if any, alimony is to be paid based on a specific set of factors.

The $136,000 threshold was picked by the commission because it works in conjunction with the same threshold amount that is part of the Child Support Standards Act which is enforced in all 50 states.

Uncertainty About Alimony Awards

Divorce lawyers are concerned that changing the law will bring back uncertainty into the process of determining how much, if any, alimony is to be paid in a divorce. Since approximately 85% of all families getting divorced in New York State make under $136,000 the uncertainty will only exist, if it exists, with regard to a small minority of the families involved in divorce litigation.

Equitable Distribution Of Licenses And Degrees

There is a famous Court of Appeals decision in New York in the case of O’Brien vs. O’Brien which basically stated that professional licenses and degrees from universities are property subject to equitable distribution. The manner in which this type of equitable distribution matter is handled today is forensic experts are hired to determine the value of the professional licenses or degrees and the courts give an award of a percentage of said license or degree to the spouse. This principle is called Enhanced Earning Capacity. The commission appointed by the legislature has recommended abolishing this legal precedent. They feel licenses and degrees should not be subject to equitable distribution.

Conclusion

The divorce laws on New York State need to be modified pursuant to the commission’s recommendations.  It is now up to the State Legislature to pass these changes to the divorce laws in New York.

If your home goes into foreclosure it will have a negative impact on your credit score. However, the nature and extent of the negative impact may be different than what you believe it to be. When a financial institution brings a foreclosure lawsuit related to a mortgage default, the institution will normally report to the credit agency there is a foreclosure or a home has been foreclosed upon. This information on your credit score will not necessarily impact on the outstanding balance it shows you owe on the mortgage.  The credit report will most likely continue to show the entire outstanding balance of your mortgage being due and owing on your credit report. This negative credit material can stay on your credit report for seven years.

Sales Of Homes In Foreclosure

At the end of the foreclosure process, if the bank is a successful, your home will be sold. In the event the sale of your home at the foreclosure sale does not pay off the entire outstanding debt due in owing on your mortgage, the remaining balance may be shown on your credit score as a “deficiency “. The financial institution may be able to bring a proceeding to collect on this deficiency amount. If they do not take action to collect this deficiency they can report it to the Internal Revenue Service as a forgiven debt. This will cause you to receive a 1099 showing the deficiency as income to you in that tax year. This will cause you to pay income taxes on this deficiency debt!

Foreclosures On Second Mortgages

When the financial institution forecloses on a first mortgage, the second mortgage may continue to be maintained on your credit report by the credit reporting agency. The second mortgage will not show it was foreclosed on because it is a separate and distinct financial obligation.

Bankruptcy And Foreclosure

It may be necessary to file a Chapter 7 bankruptcy to eliminate deficiency judgments related to first mortgages and the personal obligations on a second mortgage. To better understand the inferences and long-term impact on your credit score it is strongly suggested to contact either a bankruptcy lawyer or foreclosure lawyer.

On June 26, 2011, the Marriage Equality Act was passed in New York.  New York became the fifth state to recognize same sex marriages.  The Marriage Equality Act states “a marriage that is otherwise valid shall be valid whether the parties of the marriage are of the same or different sex.”  The intent of the statute is to allow marriage to become a fundamental human right in same sex relationships.

Defense of Marriage Act (DOMA)

The Defense of Marriage Act, which is a federal statute passed by Congress, does not recognize same sex marriages.  This statute bars the Federal Government from recognizing same sex marriage as being constitutional.  The law states “no state, territory, or possession of the United States or Indian tribe shall be required to give effect to any public act, record or judicial proceeding or any other state, territory, possession or tribe respecting relationships between persons of the same sex that is treated as a marriage under the laws of such other state, territory, possession, or tribe or right or claim arising from such other relationship.” It should be further noted pursuant to Section Seven under Title One of the United States Code marriage is defined as a legal union between a man and a woman and the term spouse only refers to a person of the opposite sex who is a husband or a wife.

Rights Under New York’s Marriage Equality Act

The Marriage Equality Act in New York conveys certain rights to individuals in same sex marriages.  The following are a list of some of these rights:

1.         Family and Medical Leave

2.         Veterans and military benefits

3.         Workman’s Compensation benefits

4.         Pension and survivor benefits

5.         Immigration rights

6.         Health insurance

7.         Automobile Insurance

8.         Burial rights

9.         Testate and Intestate Spousal rights under New York State law (Inheritance Rights)

10.       Creates tenancy by the entirety regarding real property ownership (marital rights to real estate)

11.       Allows a New York State Tax exemption

12.       Creates certain spousal evidentiary privileges

Conclusion

The New York Marriage Equality Act goes a long way in recognizing same sex marriage and providing the parties to these marriages with many benefits.  However, until the Federal Government revokes the Defense of Marriage Act there are numerous federal benefits that won’t attach to individuals in same sex marriages.

New York and Long Island Divorce and Family Court Lawyers

The Law Offices of Elliot Schlissel have been litigating a myriad of issues involving divorce and family court situations for more than thirty years.  The attorneys at this firm have more than 100 years of combined legal experience.  Some of the matters handled by the law firm involved divorces, divorce grounds, orders of protection, high net worth divorces, grandparents’ rights, equitable distribution of assets, annulments, no fault divorce, child abuse defense, issues involving reduction of child support, custody issues, changing child custody, orders of protection, father right issues and mothers’ rights issues.  Feel free to contact the firm for a consultation.

The Garden of Eden Nursing Home is located in Bensonhurst, Brooklyn, New York. The residents of this adult facility have been forced to live in a poorly maintained residence and under unsanitary living conditions. Multiple lawsuits have been brought related to complaints of mistreatment from the residents.  The State Health Department has sited the facility for numerous violations during the course of 2011.

Pay Your Rent Or We’ll Put You On The Street

Linda Benjamin, age 58, who has been living at the facility for the past nine years, has said “they have black hearts – all of them.”  She claims to have been bullied and threatened by administrators during the entire 9 year period she has been living at the facility.  Benjamin recently asked the administrators of the facility to reduce her rent so she could purchase a new set of dentures.  She was told that if she didn’t pay her rent she would be out on the street.

Residents of the facility claim the administrator Martin Amsel bullied patients into attending optional treatment meetings.  They would be threatened with eviction or unnecessary hospital stays if they didn’t do as requested.

The State Health Department documents indicate that residents complained they were being served stale and moldy food.

Administrators Defense

Jeff Sherrin stated “Garden of Eden and its Administrator were wrongfully accused by the Department of Health inspector of overzealousness in trying to encourage residents to attend programs and take medications that their doctors had order for them”.  He further stated that the facility has one of the best inspection records of any adult facility in the State of New York.

Numerous residents of the facility disagree with Jeff Sherrin’s analysis.  They claim they are bullied, harassed and tormented by the management of the facility

Elder Care Lawyers

The Elder Care Lawyers at the Law Offices of Elliot S. Schlissel have been helping seniors with numerous issues for over two decades.  The law firm had extensive experience with Medicaid, Medicaid planning techniques, drafting special needs trusts for special needs children, representing executors in the probating of wills, contesting wills and drafting wills and trusts.  The firm also prepares guardianship documents for submissions under Article 81 under the New York Mental Hygiene Law.  In addition the firm drafts revocable living trust and irrevocable trusts for their clients.  Call us for a free consultation regarding all elder care and wills and trusts issues.

Death is unpleasant. Why would anyone want to think about such an unpleasant subject. However, as unpleasant as death may be, everything that lives will eventually die. End of life issues are difficult to face. However, the failure to face end of life issues can create untenable, difficult, and painful situations for your loved ones.

Living Will

A Living Will is a document that spells out an individual’s wishes with regards to the type of medical care he or she wants to have. It is only utilized when the individual who drafts the document is no longer capable of communicating with doctors directly. It deals with issues such as life support and medical treatments that do not prolong life but only prolong death and suffering.

Health Care Proxy

A Health Care Proxy is sometimes called a health care power of attorney. This allows an individual to select someone he or she trusts to make decisions about medical care during a period of time when they are in incapacitated or unable to communicate their wishes.

Cathy Brant is the senior vice president in the National Hospice and Palliative Care Organization states that living wills and health care proxies are a good idea for everyone whether they are healthy and young or older and not so healthy. She states further that these two documents can spare families painful fights and ensure patients receive – or don’t receive – the medical treatments they wish should they end up in a situation where they can’t speak for themselves.

Avoiding The Terri Schiavo Situation

Terri Schiavo collapsed in 1990, in her home. She did not have any advance directives regarding end of life care issues. Her heart stopped. She suffered irreversible brain injuries. She was left in a vegetative state. Her husband, who loved her very much, stated she had told him she would not want to live in a vegetative state. He parents vehemently disagreed with Terri’s husband. They wanted her kept alive without regard to the quality of her life. Her husband and parents litigated for years concerning the issue of turning off her life support system. The case eventually went to the Supreme Court. Hundreds of thousands of dollars in legal fees were expended concerning this issue. In 2005, the court ordered her feeding tubes removed and she died two weeks later.

There are many issues individuals face as they grow older. Drafting health care proxies, will and living wills are issues that Americans should face up to.

Elder Care Lawyers

The Law Office of Elliot S. Schlissel has more than thirty years of experience in handling all types of Estate related matters. We probate Wills. We litigate Will contests. We draft Wills and Trusts. We create guardianships for clients. We have developed expertise concerning Estate Tax issues, Revocable Living Trusts, Irrevocable Trusts, Elder Care issues, nursing home abuse matters, Medicaid, Medicare planning techniques, Special Needs Trusts and Supplement Needs Trusts for our clients. Call us for a free consultation. Our phones are monitored 24/7. We can be reached at 1-800- 344-6431, 516-561-6645 or 718-350-2802.

In Coram, Long Island, Kevin Daly, age 23, was driving around drunk in his car while wearing a T-shirt that said “I’m not an alcoholic, I’m a drunk. Alcoholics go to meetings.” Kevin Daly was driving a 2000 Saturn. He attempted to make a turn when he struck a marked police patrol car. The officer in the patrol car noted Daly had blood shot, glassy eyes. He slurred his speech and reeked from alcohol. When he exited his vehicle, he was unsteady on his feet. Daly, as he walked out of his car, stated “I tried to stop but I was going too fast for my brakes to stop on the wet road.” He indicated to the police officer that he had two or three beers. He also said, “I deserve whatever I get. I was drinking and driving.” Daly was arraigned in Suffolk County Court and was given ten thousand dollars bail.

Criminal Defense Lawyers

The attorneys of the Law Office of Elliot S. Schlissel handle traffic, tickets, white collar crimes, computer and internet crimes, domestic violence cases, driving while intoxicated (DWI/DUI), drug cases, gun cases and all other types of misdemeanor and felonies. Call us for a free consultation. Our phones lines are open 24/7. We arrange for bail and we do arraignments seven days a week for our clients.

Philip E. Parker, a former inmate in a Baltimore jail, was being transported by correction officers in a jail bus when he was murdered by a fellow inmate. His family brought a lawsuit claiming that the four correction officers and the State had acted negligently in the supervision of the prisoners on the bus, and as a result of their failure to supervise, that another inmate, Kevin Johns, killed Mr. Parker during the bus trip.

18.5 Million Dollar Jury Award

A jury in the Baltimore City Court awarded Parker’s family 18.5 million dollars based on this incident that took place in 2005. The State argued the situation on the bus was not foreseeable and therefore they were not negligent. The State claimed that the incident happened very quickly, and that the bus was dark, further preventing the correction officers from intervening.

The State’s Appeal

The attorneys for the State have indicated they plan to appeal the verdict. The 18.5 million dollar verdict involved 7.5 million to Parker’s mother, 1 million payable to his father and 10 million dollars to be paid to his estate. The attorney for the Parker family, Samuel M. Shapiro, stated “inmates in prison are human beings. These human beings, while incarcerated, need to be treated as human beings and if necessary, protected by the prison personnel from being murdered by other prisoners.”

New York Personal Injury Lawyers

For more than 30 years the Law Office of Elliot Schlissel has represented New Yorkers with regard to all types of personal injury cases. We have extensive experience in handling both car and truck accidents. Our office can provide legal representation in cases involving slip and fall accidents, premises liability, wrongful death matters, construction accidents, as well as nursing home neglect situations. We also have handled dog bite cases. Call us for a free consultation. Our phones are monitored 24/7, and we can be reached at 1-800-344-6431, 516-561-6645 or 718-350-2802.

It is against the law to download child pornography from the internet. It violates both State and Federal laws.

But A Life Sentence?

Daniel Enrique Guevara Vialca, age 26, has been sentenced to life imprisonment by a Court Judge in Florida for downloading pornographic images from the internet. Is this sentence too severe? Criminal Justice experts point out if Daniel had molested a child he most likely would have received a less harsh sentence. Professor Douglas Berman, who teaches at Ohio State University, stated “to me, a failure to distinguish between people who look at these dirty pictures and people who commit contact offenses lacks the nuance and proportionality I think our law demands.”

Sexual Offenses Involving Crimes of Children

Sexual offenses involving children are among the most outrageous. Americans have no sympathy for individuals involved with child pornography. Most people assume that individuals who download child pornography from the internet will molest children. However, there is a body of scientific research that shows this is simply untrue. Most child pornography viewers are passive individuals who look at the pornography but take no action to actually carry out these fantasies. Simply speaking, viewers of child pornography are generally not child molesters. Unfortunately, this view is not widely accepted by most Judges.

Murderers Received Life Sentences

Daniel Enrique Guevara Vialca has received a life sentence. This is the same type of sentence given to murderers. This is a disproportionate sentence. Although child pornography should remain illegal, the court should distinguish between individuals who view child pornography and child molesters. Men charged with possession of child pornography should not receive the same sentence as those convicted of first degree murder!

Criminal Defense Lawyers

Vigorous, aggressive legal representation is required if you are investigated or charged with a crime. Elliot S. Schlissel and his associates have been representing New Yorkers charged with crimes for more than 30 years. The law firm is experienced representing individuals charged with computer and internet crimes, violent crimes, white collar crimes, sex crimes, weapons possession, driving while intoxicated (DWI), burglary, shoplifting, juvenile offenses, domestic violence, drug offenses and all types of misdemeanors and felonies. Call us at 1-800-344-6431, 516-561-6645 and 718-350-2802 for a free consultation.

End of life issues are difficult to face. Everyone that lives will eventually die. If you want to make your own choices as to how you’re cared for, should you become gravely ill, it is important that you have a Living Will.  A Living Will is an advance directive that explains to your loved ones and your physicians what type of life prolonging medical treatments you want and don’t want if you become incapacitated, are placed on a resperator, or are unable to express your concerns due to illness or injuries.

End of Life Issues on Long Island

Long Island (Nassau and Suffolk Counties) in the State of New York, is considered a “ high spending” medicare area of the country. Most individuals without health care proxies on Long Island will find themselves dying in a hospital. Individuals with Living Wills can choose to spend their final days in a hospice facility.

Hospice Facilities Verses Hospitals

Hospice Facilities are designed to make patients facing end of life diseases comfortable by treating their pain and allowing their illnesses to run a natural course. Treatment in hospitals is organized around the theory of prolonging life. This can involve aggressive procedures even if the illness is considered by the treating physicians to be terminal. The treatment in hospitals for terminal illnesses can greatly reduce the quality of the individuals life. Sometimes the difference between hospice care and hospital care relates to the quality of the individual’s life while dealing with a terminal illness.

Living Wills and Family Members

Lauren Hersh Nicholas is a health professor with the University of Michigan. She has conducted a study of involving living wills. She states there’s a benefit to the family of the patient. “Family members have a somewhat easier decision making process, because they have greater guidance.” The hospice treatment can eliminate pain and reduce medical procedures that are unlikely to work.

Elder Law Attorneys

The Elder Law and Wills, Trusts and Estate lawyers at the Law Office of Elliot Schlissel have been helping their clients deal with end of life issues for more than 3 decades. The law firm drafts Wills, Trusts and Health Care Proxies, Powers of Attorney and Living Wills. They represent individuals involved in will contests. They explain to executors of wills their duties. In addition, they draft revocable living trust and irrevocable living trusts. The firm is also involved in assisting clients with nursing home issues as well as medicaid planning technigues. Call for a consultation at 1-800-344-6431, 516-561-6645 and 718- 350-2802.