Free initial consultation

Answers

Frequently asked questions

How the firm works, what things cost, and the questions that come up most often in each of our twelve practice areas.

About the firm

Working with us

Do you offer a free consultation?

Yes. The first consultation is free and runs about thirty minutes — long enough for us to understand the matter and tell you honestly whether you need a lawyer, what it is likely to involve and what it should cost. Call 000-000-000 or use the contact form.

What areas does the firm serve?

Our office is in Woodside and most of our clients are from Queens — Woodside, Sunnyside, Jackson Heights, Elmhurst, Astoria, Maspeth, Long Island City, Corona, Rego Park and Forest Hills. We also appear throughout New York City, Nassau County and the federal courts for the Eastern and Southern Districts of New York.

How does the firm charge?

It depends on the work. Residential closings, entity formations, wills and uncontested divorces are quoted as flat fees. Litigation and ongoing business counsel are billed hourly against a retainer. Personal injury is handled on contingency, with no fee unless there is a recovery. Whichever applies, you get the fee arrangement in writing before we start.

What languages do your attorneys speak?

Between our attorneys and staff we handle matters in English, Spanish, Portuguese, Korean, Hindi, Tamil, Igbo and Polish. Woodside is one of the most linguistically diverse neighborhoods in the United States and the firm was built to reflect that.

Can I meet an attorney outside business hours?

Yes. We keep Saturday morning appointments and can arrange evening consultations by telephone or video where a weekday visit is not workable. Say so when you call and we will find a time.

Do I actually need a lawyer for this?

Sometimes the answer is no, and we will tell you. A firm that takes every matter that walks in is not doing its clients a service. If the sensible answer is a form filed yourself, a call to an agency or simply waiting, that is the advice you will get.

Business & Corporate

Business & Corporate questions

Read the full business & corporate page

Do I need an LLC or a corporation for my Queens business?

It depends on how you will be taxed, whether you will bring on investors, and what your industry requires. For most owner-operated Queens businesses an LLC is simpler and cheaper to maintain, but a corporation can be the better answer where outside investment or particular tax treatment is in view. We talk it through in the first meeting and file whichever fits.

What does a business formation cost at your firm?

Formation work is quoted as a flat fee once we know the entity type, the number of owners and whether an operating agreement is needed. You will have the number in writing before we begin, and it will not move unless the scope does.

Can you review a contract someone has already sent me?

Yes, and that is one of the most common calls we get. Send it over before you sign. A contract review is usually a short, fixed-fee engagement, and it is a great deal cheaper than the litigation that a bad clause produces.

Real Estate

Real Estate questions

Read the full real estate page

Do I need an attorney to buy a house in New York?

In practice, yes. New York is an attorney-state: the purchase contract is drafted and negotiated by lawyers rather than agents, and the closing is conducted by lawyers. Buying without one means signing a contract nobody on your side has read.

What is a flat-fee residential closing?

One quoted price covering contract review and negotiation, the title and survey review, coordination with your lender and the board, and attendance at closing. Third-party costs — title insurance, recording fees, transfer taxes — are separate and paid to those parties, not to us.

How long does a Queens co-op closing take?

Six to twelve weeks is typical, and the board package is usually what decides where in that range you land. We prepare it early and chase it, because a package that sits half-finished is the most common reason a closing slips a month.

Banking & Finance

Banking & Finance questions

Read the full banking & finance page

Should I sign a personal guaranty for my business loan?

Sometimes there is no alternative, but the guaranty's terms are frequently negotiable even when the loan's are not — whether it is limited or unlimited, whether it burns off after a period of performance, and whether the lender must pursue the collateral first. Those points are worth an hour of a lawyer's time before you sign.

Do you represent borrowers, lenders, or both?

Both, in separate matters. We run conflict checks before every engagement, and we will not act for a lender against a borrower we represent.

Can you help if my business loan is already in default?

Yes, and sooner is much better. Lenders are usually more flexible before an acceleration letter goes out than after. Bring the loan documents and the last two years of financials to the first meeting.

Civil Litigation & Defense

Civil Litigation & Defense questions

Read the full civil litigation & defense page

I was served with a lawsuit. How long do I have?

In New York State court it is generally 20 days to answer if you were served personally within the state, and 30 days in most other situations; federal court is generally 21 days. Missing it produces a default judgment. Call the day you are served, not the week the answer is due.

Can a default judgment be undone?

Often, yes — but it takes a motion, a reasonable excuse for the default and a meritorious defense, and it gets harder the longer you wait. If a judgment has restrained your account, treat it as urgent.

How much does civil litigation cost?

It depends almost entirely on how hard the other side fights. We give a staged estimate — through the answer, through discovery, through trial — and revisit it at each stage so you are choosing to continue rather than discovering the bill.

Immigration

Immigration questions

Read the full immigration page

How long does a family green card take?

It depends on the category and the country of chargeability. An immediate relative of a U.S. citizen — spouse, parent, or unmarried child under 21 — has no visa queue and is generally measured in months. Preference categories can run years, and the Visa Bulletin is the authority. We will look up your specific category at the consultation.

Can you help if I already have a court date?

Yes. Removal defense is part of the practice. Bring every document you were given, including the Notice to Appear, and come in as far ahead of the date as you can manage.

Do you offer consultations in Spanish?

Yes. Aracely Mendez-Rivas and Rafael Santos both consult in Spanish, and the firm also has attorneys who speak Portuguese, Korean, Hindi, Tamil, Igbo and Polish.

Estate Planning & Probate

Estate Planning & Probate questions

Read the full estate planning & probate page

What happens if I die without a will in New York?

The estate passes under New York's intestacy statute, which distributes by fixed shares to a spouse, children and other relatives in a set order — not necessarily as you would have chosen. Someone must still petition Surrogate's Court to be appointed administrator, which is generally slower and more expensive than probating a will.

How long does probate take in Queens County?

An uncontested estate with cooperative heirs typically runs seven to fifteen months from filing to distribution. Difficulty locating heirs, a contested will, or real property that must be sold will extend it.

Do I need a trust, or is a will enough?

For many Queens families a well-drafted will, correct beneficiary designations and correctly titled property are sufficient. A trust earns its cost where there is out-of-state real property, a beneficiary receiving public benefits, blended-family complexity, or a wish to avoid probate entirely. We will tell you if you do not need one.

Family Law

Family Law questions

Read the full family law page

How much does an uncontested divorce cost in Queens?

Where both spouses agree on everything and there are no children or complex assets, an uncontested divorce is handled on a flat fee plus court filing fees. We quote it in writing at the consultation. Contested matters are billed hourly, because their length is set by the other side.

How is child custody decided in New York?

By the best interests of the child. Courts weigh the existing caregiving arrangement, each parent's ability to provide stability, the child's relationships and needs, any history of domestic violence, and — for older children — their own preferences. There is no presumption in favor of either parent.

Can I change a child support order?

Yes, on a showing of a substantial change in circumstances, a three-year passage of time, or a 15% change in either parent's income. Until a court modifies it, the existing order remains enforceable — so file rather than simply paying less.

Personal Injury

Personal Injury questions

Read the full personal injury page

What does it cost to hire a personal injury lawyer?

Nothing up front. Injury cases are handled on contingency: our fee is a percentage of the recovery, set by New York court rule, and there is no fee if there is no recovery. Case expenses are advanced by the firm and repaid out of the recovery.

How long do I have to file a personal injury claim in New York?

Generally three years from the date of the accident, but there are important exceptions — claims against a city or public authority typically require a notice of claim within 90 days, and wrongful death has its own two-year period. Because the short deadlines are the ones people miss, call early.

Should I talk to the other driver's insurance company?

Not before you have spoken to a lawyer. A recorded statement taken in the days after a collision, while you are still in pain and unsure of the full extent of your injuries, is used later to argue that the injuries are minor. You are not obligated to give one.

Employment & Labor

Employment & Labor questions

Read the full employment & labor page

My employer pays me in cash. Do I still have wage rights?

Yes. Being paid off the books does not remove your right to minimum wage, overtime or the wage statements New York requires — and the absence of proper records generally works against the employer, not the employee. Your own contemporaneous notes of hours worked can be enough to bring a claim.

Is my non-compete enforceable in New York?

New York courts enforce restrictive covenants only where they are reasonable in duration and geography, necessary to protect a legitimate employer interest, and not unduly burdensome. Many agreements presented to employees are drafted far more broadly than a court would enforce. It is worth having yours read.

Should I sign the severance agreement?

Not before someone reads it. Severance agreements release claims — sometimes claims worth considerably more than the severance. The payment terms, the release scope, the non-disparagement clause and the reference language are all commonly negotiable, and the deadline in the letter is usually longer than it looks.

Criminal Defense

Criminal Defense questions

Read the full criminal defense page

Should I talk to the police?

You should say that you want a lawyer, and then stop talking. That is not an admission of anything and it cannot be used against you. Explaining yourself without counsel present, however, very often can be — including statements you believe are helping you.

What happens at a Queens arraignment?

You are formally charged, counsel enters, bail or release conditions are set, and an adjourn date is given. It is the single most consequential appearance in most cases because release conditions are set there — which is why having counsel at the arraignment, not after it, matters so much.

Will a DWI cost me my license?

A refusal to submit to a chemical test triggers a separate DMV proceeding with its own hearing and its own revocation consequences, independent of the criminal case. Both need to be handled, and the DMV hearing often comes first. A conditional license may be available through the Impaired Driver Program.

Landlord & Tenant

Landlord & Tenant questions

Read the full landlord & tenant page

How long does an eviction take in Queens?

Considerably longer than most owners expect. Between the predicate notice period, the court's calendar, adjournments and the statutory stay after a warrant issues, a straightforward nonpayment case commonly runs four to eight months, and a contested holdover longer. Starting the process correctly is what keeps it at the shorter end.

Can I evict a tenant myself?

No. Self-help eviction — changing locks, removing belongings, shutting off utilities — is illegal in New York and exposes an owner to significant damages and potentially criminal liability. The only lawful route is a court proceeding and a marshal.

Is my apartment rent stabilized?

It depends on the building's size, its construction date and its regulatory history — and owners and tenants are both frequently wrong about it. A DHCR rent history will usually answer the question, and we can order and read one for you.

Bankruptcy & Debt Relief

Bankruptcy & Debt Relief questions

Read the full bankruptcy & debt relief page

Will I lose my house if I file bankruptcy?

Usually not. New York's homestead exemption protects a substantial amount of equity in a primary residence, and Chapter 13 exists specifically to let a homeowner cure mortgage arrears over time while keeping the house. Whether your equity is fully protected is one of the first things we calculate.

Does bankruptcy stop wage garnishment?

Yes, and immediately. Filing triggers the automatic stay, which halts garnishments, bank restraints, collection calls and most lawsuits the moment the petition is filed. Child support obligations are the notable exception.

How long does bankruptcy stay on my credit report?

A Chapter 7 remains for ten years and a Chapter 13 for seven, from the filing date. In practice many people see their scores begin recovering within a year or two of discharge, because the discharged balances stop reporting as delinquent.

Still have a question?

Ask it directly. The first consultation is free, and if the answer is short you will get it on the phone.