Get it in writing! Promissory Note Basics

Read this article if you are thinking about personally loaning money to an individual or a business.  If you are already lending money to someone, more than likely you have created a promissory note, even if it is not in writing.  However, just because an agreement is in writing does not make it a valid and enforceable promissory note.  Read below to for the required elements of a promissory note and how to satisfy them.

Continue reading

New York’s Lemon Law Explained

If you are looking to purchase a used car and are contemplating spending extra money in order to get the dealer’s warranty, read this article to determine if the car you are looking at is required by law to be warranted by the dealer for no additional charge.  Similarly, if you have recently purchased a used car which was not covered by a dealer’s warranty and you have immediately encountered problems with the vehicle, read this article to find out if the dealer may be required to fix the problem. Continue reading

The Power of a Power of Attorney

Often the first time people hear of a power of attorney is from a story in which it was used to swindle an unsuspecting person out of their life savings.  After hearing one of these stories, it is very easy to jump to the conclusion that one should never grant the power of attorney.  Unfortunately such a decision is more likely to leave your assets vulnerable if you become incapacitated or are out of contact. Continue reading

Divorce FAQ: What is “Maintenance”?

“Maintenance” is New York State’s term for what many states call “Alimony”.  It is the amount of money that one spouse pays the other spouse, either on a monthly basis or in a lump sum, following the end of a marriage.  The maintenance amount, and if any should be paid, is one of many hotly contested issues in divorce cases.
Continue reading

Bankruptcy FAQ: Will I lose my stuff?

One question I hear from clients is whether they will lose some treasured possession if they file for bankruptcy.  Leaving for another day the question of how to keep a house out of foreclosure or a car from being repossessed, I’ll only focus on this specific issue: if you file for bankruptcy, will someone from the government, or any of your creditors, be able to take and sell things you help satisfy your debts?

The answer, as one might expect, is “It depends.”

Continue reading

Texting While Driving

For our first entry regarding what our state government has been up to recently, we have what we consider a pretty relevant, interesting topic: the recent tightening of the law on the “Use of portable electronic devices”, sometimes referred to as the “Texting While Driving Law”.

In 2009, NY adopted the original texting while driving law.* It made using a “portable electronic device” illegal while operating a motor vehicle.  What counts as a “portable electronic device”?

Continue reading

New or “Improved” New York Laws: Introduction

Now that we have this new blog section of our website, we thought it would be neat to occasionally spotlight a new law, or an amendment to an existing law, recently passed by our state government. We’ll look at the text of the law, some of the press surrounding the new law, and try to summarize here at the CTC blog the relevant points for the average Joe. These ongoing entries are not intended as legal advice, just a friendly heads-up regarding what’s going on in our state. If you want actual legal advice regarding any topic you see here in this blog, give us a call for an appointment! We’d be glad to help.

10 Years!

Welcome to the new website of Cutler, Trainor & Cutler, LLP! It seems fitting to launch this new site as we celebrate our firm’s tenth anniversary. It has been a pleasure serving the residents of Malta, Saratoga County and the greater New York Capital region for this past decade, and we look forward with great optimism to the next ten years. Continue reading