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ladyrain
LIF Zygote
Member since 4/15 10 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
LovesMike no real opportunity to state his case. His lawyer kind of fumbled through the entire thing like an idiot according to him. And Arie just seems to run the joint. Maybe if we all wrote our local officials we could at least get it so that the paperwork from a third party had to be notarized. That way there's no way anyone would be fooled. Or let's fill his PO box with complaint letters filled with glitter . By the way, the judge was Sila or something like that so don't vote for that guy. Also I suggest that if anyone else gets taken to court by YCA Corp aka Arie Gal again, request a trial by jury!!! At least then you might stand a chance. And get a litigator attorney.
Message edited 4/24/2015 6:43:22 PM.
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Posted 4/24/15 6:41 PM |
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newtovs
LIF Zygote
Member since 2/15 5 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
Its also disingenuous by the Nassau County Assessors office to simply not allow homeowners who are dissatisfied with Star Exemption Star to REJECT the application submitted by Star Exemption and then retroactively issue the Star Exemption to the homeowner if the homeowner comes in to the assessors office.
If they claim they legally can not do so, then the news reporters should ask our state senators why they have not introduced legislation to allow homeowners to have applications submitted by Star Exemption rejected upon homeowner complaint, that way homeowners who are not satisfied with the service will not have to pay since technically Star Exemption Advisor failed to get you the exemption and the few if any homeowners who do want Star Exemption to do this service for them can just pay them.
If such legislation is passed (or maybe just a policy change at the nassau county assessors office), then it will effectively put Star Exemption Advisors out of business.
I suggest contacting your local State Senator requesting they bring such legislation into effect.
You can find your local state senator at: http://www.nysenate.gov/senators. Use the "Find My Senator" search box in the upper left-hand corner.
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Posted 4/27/15 11:45 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name: That Led To The Wrong Tendencies
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Re: I got taken - I can't believe it- STAR related
Posted by newtovs
Its also disingenuous by the Nassau County Assessors office to simply not allow homeowners who are dissatisfied with Star Exemption Star to REJECT the application submitted by Star Exemption and then retroactively issue the Star Exemption to the homeowner if the homeowner comes in to the assessors office.
Legally this wouldn't make a difference since the service of submitting the application was still performed. The homeowner needs to pay what they signed up for.
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Posted 4/27/15 12:01 PM |
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seaside
LIF Adult
Member since 6/08 3101 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
So, wait. Is it that the NYC judges recognize fraud or unconscionability as a defense to contract in Gal's cases, but the Nassau judges don't? That's problematic.
And is he using the state or county seal? Is he impersonating the government? Isn't that something that should land him in hot water?
Generally, the test for fraud or impersonation is whether a reasonable person would be deceived. Isn't that what's happening?
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Posted 4/27/15 2:42 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
Jonathan Gal
Jordan Gal
Look at this ruling - the guy owed more than he saved: http://www.greenburghny.com/documents/town%20court/yca%20corp%20vs.%20joseph%20deguardia.pdf
Message edited 4/27/2015 3:29:47 PM.
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Posted 4/27/15 3:29 PM |
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ladyrain
LIF Zygote
Member since 4/15 10 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
Posted by seaside
So, wait. Is it that the NYC judges recognize fraud or unconscionability as a defense to contract in Gal's cases, but the Nassau judges don't? That's problematic.
And is he using the state or county seal? Is he impersonating the government? Isn't that something that should land him in hot water?
Generally, the test for fraud or impersonation is whether a reasonable person would be deceived. Isn't that what's happening?
Exactly. And that is what is happening. His only defense (and apparently one other person on this forum) is that you signed a contract so you have to pay the fee. But the problem is no one believes that they are signing a contract! They only think they are filling out the star exemption paperwork, and unwittingly enter into a contract due to the likeness of the materials he sends to that of the county's. When a contract is unconscionable, duty to read goes out the window. I do not get for the life of me why he is allowed to stay in business, other than the theory that there are handouts involved. His various rackets make him over 300K a year. It's sickening.
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Posted 4/27/15 3:35 PM |
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ladyrain
LIF Zygote
Member since 4/15 10 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
Ugh. I read another one of those too. Same thing. Went before a judge and was granted the full amount PLUS interest and court fees. Yikes.
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Posted 4/27/15 3:45 PM |
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ladyrain
LIF Zygote
Member since 4/15 10 total posts
Name:
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I got taken - I can't believe it- STAR related
As far as i'm concerned it's a totally illegitimate business. Any "business" that no one would consciously seek out, and relies solely on new clients to remain in existence, isn't a business at all. They are the definition of bad business (dissatisfied customers, bad product, no repeat business, sketchy-as-all-get-out owners) yet somehow remain in operation. It is truly mind-blowing.
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Posted 4/27/15 3:53 PM |
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seaside
LIF Adult
Member since 6/08 3101 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
Again--just want to get this straight. Is this "service" worth anything?
In other words, is hiring him any less taxing than doing it yourself? Or is he selling something that no reasonable person would ever want if he was made to understand what he was getting?
Basically, if filling out the forms to hire him is no more difficult than filling out the papers, a reasonable person wouldn't pay a penny for it. Even that would be too much. Right?
Which would mean that maybe there really is a lawsuit to be won by his victims...but it looks like it would have to be in federal court....
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Posted 4/27/15 5:05 PM |
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seaside
LIF Adult
Member since 6/08 3101 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
I don't know all of the facts, but it is NOT the case that just because a contract is signed, it's valid and enforceable.
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Posted 4/27/15 5:11 PM |
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DRMom
Two in Blue
Member since 5/05 20223 total posts
Name: Melissa
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Re: I got taken - I can't believe it- STAR related
Has anyone tried reporting this to the CFPB?
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Posted 4/27/15 5:49 PM |
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I got taken - I can't believe it- STAR related
I really don't understand how this man is still in business. There are so many bad businesses that get shut down and this guy is still scamming people out of money. I didn't even realize when I by accident filed with this scam artist. I just bought my home and was receiving alot of mail. I didn't think that I was signing a contract. My "contract" had the wrong year on it. It didn't matter because it was still a contract. I have one word for this business... Karma!!!!
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Posted 4/27/15 8:37 PM |
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ladyrain
LIF Zygote
Member since 4/15 10 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
Posted by seaside
Again--just want to get this straight. Is this "service" worth anything?
In other words, is hiring him any less taxing than doing it yourself? Or is he selling something that no reasonable person would ever want if he was made to understand what he was getting?
Basically, if filling out the forms to hire him is no more difficult than filling out the papers, a reasonable person wouldn't pay a penny for it. Even that would be too much. Right?
Which would mean that maybe there really is a lawsuit to be won by his victims...but it looks like it would have to be in federal court....
You are correct in the assertion that the "service" is worthless. It is something you can easily do yourself. In fact, anyone who has fallen for this scam already did the work themselves. He is literally a middle man and simply forwards the paperwork onto the county. He charges people hundreds if not thousands just for the price of a stamp. That's it.
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Posted 4/28/15 10:38 AM |
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ladyrain
LIF Zygote
Member since 4/15 10 total posts
Name:
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I got taken - I can't believe it- STAR related
If you haven't yet filed a complaint with nassau county i encourage you to do so. http://www.nassaucountyny.gov/DocumentCenter/View/3340
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Posted 4/28/15 10:50 AM |
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seaside
LIF Adult
Member since 6/08 3101 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
I didn't get taken by the guy, but I don't understand how everywhere else in the country, in state and federal court, unconscionable, fraudulent contracts that sell worthless, illusory services are unenforceable, and here they're AOK.
Something is rotten.
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Posted 4/28/15 12:01 PM |
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Re: I got taken - I can't believe it- STAR related
it is such a shame this man is in business....NEW HO here and found the letter in my drawer where I almost filled it out but used the copy of the STAR application my lawyer gave me in my folder after closing! It's definitely so easy to fill this shady form out---I need to inform my friends of this as many are buying homes currently
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Posted 4/28/15 2:05 PM |
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LovesMike
LIF Adult
Member since 8/10 978 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
Posted by WestEndLove
it is such a shame this man is in business....NEW HO here and found the letter in my drawer where I almost filled it out but used the copy of the STAR application my lawyer gave me in my folder after closing! It's definitely so easy to fill this shady form out---I need to inform my friends of this as many are buying homes currently
I think this is the best we can all do - make our friends and families aware of the potential to be fooled. The more we spread the word the fewer people will fill out his form! It's so easy to do when you're just buying a house and are inundated with forms and paperwork. Same thing happened to me, so I totally understand!!
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Posted 4/28/15 2:16 PM |
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ladyrain
LIF Zygote
Member since 4/15 10 total posts
Name:
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I got taken - I can't believe it- STAR related
I would also like to get a copy of his contract/application in its original envelope. Anyone have one they want to send me?
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Posted 4/28/15 7:31 PM |
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newtovs
LIF Zygote
Member since 2/15 5 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
Actually no, because the contract states you only have to pay if he successfully obtained STAR exemption for you, because in order for a contract to be legal, there has to be consideration which he would have failed to do if he could not obtain a STAR exemption.
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Posted 4/30/15 5:36 PM |
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newtovs
LIF Zygote
Member since 2/15 5 total posts
Name:
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I got taken - I can't believe it- STAR related
I think what is going on with Senator Skelos, the NYS senate leader being inestigated by the FBI for public curruption, makes it even more likely that officials are involved in this Star Scam. There seems to be enough circumstantial evidence pointing to some kind of politicial/and or judicial impriopriety, it's probably worth people who have been duped by Arie Gal report their circumstances to the NY office of the FBI that is investigating public corruption.
FBI NEW YORK public corruption hotline: (212) 384-1000
Story: http://www.nytimes.com/2015/05/02/nyregion/dean-skelos-new-york-senate-leader-and-his-son-are-said-to-face-arrest-next-week.html
http://www.fbi.gov/about-us/investigate/corruption/public_corruption
http://www.fbi.gov/newyork
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Posted 5/3/15 9:28 AM |
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cets1290
LIF Adult
Member since 6/14 1051 total posts
Name:
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I got taken - I can't believe it- STAR related
https://www.dos.ny.gov/consumerprotection/scams/star.html
Just got this same letter- see the attached article and call the dept of consumer protection if you get the same letter in the mail. It is a scam and you do not owe them a penny. The NYS Dept of Consumer Protection knew the company the second I called and told me I am not to pay them anything. I guess I will see what happens..
Message edited 10/22/2015 5:30:18 PM.
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Posted 10/22/15 4:22 PM |
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MaMaTeenie
Party of 5
Member since 4/08 6489 total posts
Name: Mommy
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I got taken - I can't believe it- STAR related
That's just insane! I totally agree this douche bag is totally lining the judges pockets, but I don't think NYC judges are any different...it probably doesn't happen much in the boroughs because the taxes on Long Island are so much higher.
I do mortgage closings and I am going to add this warning to my repertoire for all purchases. Thank you for posting this, if nothing else know that you will help prevent others from falling victim to this crap!!
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Posted 10/24/15 7:18 AM |
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DWKS810
LIF Adolescent
Member since 3/09 554 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
Posted by newtovs
I recently got swindled by Star Exemption Advisor. We refused to pay so he took us to small claims. Got in front of the Judge, told the Judge why it should be dismissed including that it was intentionally misleading, showed the envelope that it was sent in which has the Nassau County assessors office on it. Arie Gal who represents himself in court as Arie Gal DBA Star Exemption Advisor (Interesting how he does not write that as the name on the contract or literature he sends us?) swore he does not use such an envelope, however did not show the court what type of envelope he uses. He just shows the signed contracts and walks the court though the steps he took to get the paperwork files and make sure he dotted his i's and crossed his T's, but never justified his price.
Anyway Judge said he reserves his decision after hearing both our arguments. Two days later we get a notice from the court saying the judge granted the plaintiff his suit and we owe all the money + interest and court fees. No written explanation of the Judge's decision and why the law supports it.
We could sit here and ***** and moan about guys like Arie Gal, but the reason they are in business is because the Judges in Nassau county uphold them. There is a reason why you don't see people in the boroughs getting duped by STAR exemption scams, its because Judges in NYC dismiss these cases with prejudice.
Perhaps, what we as taxpayers of Nassau & Suffolk county should demand is that Judges who uphold these scammers without even the courtesy of giving the families who have been defrauded by them a written explanation of how the Judge managed to contrive the law so as to render such a decision, well then we should demand of our elected official to get rid of such Judges.
If anyone is interested here is my Judge, James Darcy:
http://liherald.com/valleystream/stories/Jim-Darcy-former-VS-mayor-nominated-for-judgeship,62449
FYI... This judge is up for re-election, in case this may sway your vote one way or another. As soon as I saw his campaign posters I immediately thought of this.
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Posted 10/24/15 7:48 AM |
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mm910
LIF Zygote
Member since 6/13 2 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
Posted by DWKS810
Posted by newtovs
I recently got swindled by Star Exemption Advisor. We refused to pay so he took us to small claims. Got in front of the Judge, told the Judge why it should be dismissed including that it was intentionally misleading, showed the envelope that it was sent in which has the Nassau County assessors office on it. Arie Gal who represents himself in court as Arie Gal DBA Star Exemption Advisor (Interesting how he does not write that as the name on the contract or literature he sends us?) swore he does not use such an envelope, however did not show the court what type of envelope he uses. He just shows the signed contracts and walks the court though the steps he took to get the paperwork files and make sure he dotted his i's and crossed his T's, but never justified his price.
Anyway Judge said he reserves his decision after hearing both our arguments. Two days later we get a notice from the court saying the judge granted the plaintiff his suit and we owe all the money + interest and court fees. No written explanation of the Judge's decision and why the law supports it.
We could sit here and ***** and moan about guys like Arie Gal, but the reason they are in business is because the Judges in Nassau county uphold them. There is a reason why you don't see people in the boroughs getting duped by STAR exemption scams, its because Judges in NYC dismiss these cases with prejudice.
Perhaps, what we as taxpayers of Nassau & Suffolk county should demand is that Judges who uphold these scammers without even the courtesy of giving the families who have been defrauded by them a written explanation of how the Judge managed to contrive the law so as to render such a decision, well then we should demand of our elected official to get rid of such Judges.
If anyone is interested here is my Judge, James Darcy:
http://liherald.com/valleystream/stories/Jim-Darcy-former-VS-mayor-nominated-for-judgeship,62449
FYI... This judge is up for re-election, in case this may sway your vote one way or another. As soon as I saw his campaign posters I immediately thought of this.
The judge upheld a contract that this person signed. Unfortunately, a judge can't account for buyers' remorse. In all these cases, it seems that the homeowners could have avoided this fee by filing themselves and reading their applications carefully. They did receive a service; whether or not it was a valuable service or something they felt that they were overcharged for is not for the judge to decide. It is unfortunate that people feel they were scammed, but it is unfair to paint a judge in a bad light for upholding a contract that, like it or not, they DID sign.
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Posted 10/24/15 9:29 AM |
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mm910
LIF Zygote
Member since 6/13 2 total posts
Name:
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Re: I got taken - I can't believe it- STAR related
Posted by ave1024
Posted by seaside
IMO, they can and should be dismissed because of 1) fraud---defendant is defrauded into entering a contract by being duped into thinking that they are doing business with the gov; and 2) public policy voids it---it's deliberately misleading.
There is definitely a way out of this based on what the PP said. Why aren't the Nassau judges seeing that?
The judges aren't seeing your opinion because your opinion is not legally binding in this case. No where in the application does it state that the plaintiff is the government. If the defendant didn't bother to read the letter, who's to blame here.
Look at a copy of the letter here.
http://www.governor.ny.gov/sites/governor.ny.gov/files/archive/assets/documents/STARScamRedacted02.pdf
The letter even says By acting as your agent. That right there says this is a service.
Letter than says on the first line You can file for Basic STAR Exemption by yourself and do not need to use any service or agent for this matter.
They then say Fees for this service: ... first year tax savings. Shows that you will pay for this service.
How are they "acting as the government" here? The judge is ruling in favor of this company because they aren't doing anything illegal. Legally this is no different than hiring a company to grieve your taxes. The same laws apply.
This, exactly.
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Posted 10/24/15 9:36 AM |
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