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Questions Answered by David H. Relkin
2 Answers | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I be sued in civil court for something that occurred in 2011?

I moved out of my apartment before the lease ended. Was turned over to a debt collector. Kept requesting information on ownership of debt, lease, money owed, etc... Could not provided it.

Asked to stop harassing me until could provide that information. Cease and Desist letters, two of... View More

David H. Relkin
David H. Relkin
answered on Nov 28, 2022

Your question involves the statute of limitations for a debt, which in New York is six years. Therefore, without additional facts, it would appear that the action cannot proceed. However, the circumstances appear dubious since you say that you were served with some papers that appeared to be a... View More

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2 Answers | Asked in Banking for Georgia on
Q: I have a order to cease and desist letter what should I do?
David H. Relkin
David H. Relkin
answered on Nov 2, 2023

I would need to read the cease and desist. There can be a whole background that I don't know. I can provide an answer if you provide more information. It should not be ignored.

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3 Answers | Asked in Consumer Law and Civil Litigation for California on
Q: Next steps in pro se Civil lawsuit, my amended complaint was accepted and served to defendant

What forms do I file next, or do I wait for an answer? CMC is set for 3 weeks from now

David H. Relkin
David H. Relkin
answered on Oct 19, 2023

The affidavit of service must be filed.

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4 Answers | Asked in Arbitration / Mediation Law and Real Estate Law for New York on
Q: How do I start an arbitration action between myself as an owner against my condominium building which it requires?

I attempted a civil lawsuit but the Court dismissed it saying the Court lacks subject matter Jurisdiction to hear an action and I must use mandatory arbitration.

David H. Relkin
David H. Relkin
answered on Oct 17, 2023

I would like to view the Decision dismissing your action. I am an expert in arbitration and have handled over 100 cases. I aslso need to read the clause in the agreement and your claim against the Condominium to advise you. Arbitration can be a speedy device to resolve the issue, and an Award of an... View More

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2 Answers | Asked in Civil Litigation and Collections for New York on
Q: I have a case in Supreme Court Queens, PRO SE, for debt collection, the other party has answered, I need an ATTY taking

the case until get the judgment.

Thanks

David H. Relkin
David H. Relkin
answered on Sep 26, 2023

Are you collecting the debt, and, if so, how much and against whom? If you are the debtor and you brought this action under the FDCPA, then it is a different story. I would need to hear more facts to give you advice.

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2 Answers | Asked in Civil Litigation for New York on
Q: I need help with a form for the Supreme Court of NY where I’m being sued.

It’s a preliminary conference form due tomorrow

David H. Relkin
David H. Relkin
answered on Jul 26, 2023

Please send me the Index Number and the name of the opposing counsel. I can help you try to get an adjournment or with the filing of the Preliminary Conference form. David@Relkinlaw.com. 516-888-1223.

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3 Answers | Asked in Contracts, Banking, Business Law and Civil Litigation for California on
Q: I am the controller for a company being sued for 1.5 million by a bank. Am i considered does1-100? Do i need attorney
David H. Relkin
David H. Relkin
answered on May 11, 2023

If I read the complaint I would be able to give you an accurate answer. I don't know the nature of the claim or the basis on which individuals (John "Does") are named as having liability to the plaintiff. Have you not received some indication from the Officers of the Bank whether you... View More

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1 Answer | Asked in Banking and Business Law for Wisconsin on
Q: Can my friend trade stocks and give me a split of the profit, if I gave him advice, but my dad works on wallstreet.

in longer form i am wondering if my friend using his money can trade stocks based on advice that I give him and give me a split of the profit. The reason I don't know if this is legal is because my father working at a Hegde fund and therefore my ability to trade stocks is highly regulated and... View More

David H. Relkin
David H. Relkin
answered on Mar 20, 2023

This is not the kind of question that can be answered publically.

2 Answers | Asked in Real Estate Law and Arbitration / Mediation Law for North Carolina on
Q: How do I get my name removed from the deed of a house I co-own with my sister in North Carolina?

My sister and I inherited my parents’ Chapel Hill home in 2020. My sister, who resides in Chapel Hill, took care of the estate sale, and we agreed she would become sole owner of the house. When she closed the estate, she directed the estate lawyer to include my name as co-owner on the house. My... View More

David H. Relkin
David H. Relkin
answered on Mar 17, 2023

I understand your motivation. There could always be liability, not just for personal injury but real estate taxes. The easiest way is to ask for her to issue a quit claim deed. It would need to be filed as well.

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4 Answers | Asked in Business Law for New York on
Q: Can a corporation denies shareholders to examine books?

A medical group with doctors as owners (PC). I am a recent shareholder, upon asking to examine the books I was denied that, stating that only managing members are allowed to see the books. The company doesn’t make distributions so I wanted to know what happens to the profits. Is that legit? What... View More

David H. Relkin
David H. Relkin
answered on Oct 11, 2022

Even in the absence of the by-laws or a shareholder agreement, which I assume you have already reviewed, the New York Business Corporation Law provides for a shareholder's right to inspect the books and records of a corporation. BCL 624 provides that any shareholder of record of a corporation... View More

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1 Answer | Asked in Civil Litigation, Energy, Oil and Gas and Environmental for New York on
Q: how to get would settlement copies of documents from bp oil spill payout to specific claimant?
David H. Relkin
David H. Relkin
answered on Oct 4, 2022

If you are asking about the Deepwater Horizon, please let me know and I can answer the question.

2 Answers | Asked in Contracts, Business Law and Civil Litigation for California on
Q: Advice to sue Production company used our space without location release, caused criminal damage and harm to reputation
David H. Relkin
David H. Relkin
answered on Sep 27, 2022

I need some clarification in order to give you a meaningful answer. What do you mean by "space" (indoors, outdoors, built up?); what do you mean "without location release" (other than someone "said" it could be used but the "permission" wasn't in... View More

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2 Answers | Asked in Arbitration / Mediation Law, Banking, International Law and Stockbroker Fraud for Florida on
Q: How do I get a Brazilian arbitration court default judgment enforced in US (Probably Florida)

I'm a citizen of Florida. A Brazilian company I was a partner in was stolen by forging my signature when I was out of the country. That company is now trading on the NYSE (with my forged signature). I sued and won in Brazilian Arbitration Court under UNCITRAL treaty. The judgment was to... View More

David H. Relkin
David H. Relkin
answered on Aug 4, 2022

There are a few distinct issues involved in your inquiry: the recognition of a Brazilian Arbitration Award and the attachment of US Company assets. (In order to answer, I will of course assume all the facts you stated are true unless they are contradictory.)

Even before reaching the...
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1 Answer | Asked in Arbitration / Mediation Law for South Dakota on
Q: Am I still bound by an arbitration clause if the author of the contract is the one in breech of said contract?

Service contract includes an arbitration clause, and states I must seek arbitration in South Dakota. The author is the one in breech of said contract and I live in California.

David H. Relkin
David H. Relkin
answered on Jul 25, 2022

You are asking a very common question. The question ordinarily comes up in the context of fraud, and not breach of contract. For instance, if the contract was fraudulent, is one bound by the terms of the contract, including the arbitration provision? While many believe that a contract induced by... View More

2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... View More

David H. Relkin
David H. Relkin
answered on Jun 30, 2022

Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to... View More

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2 Answers | Asked in Business Law for New York on
Q: Hello, If I had an old dba, and I wanted to turn that into an LLC, would that cover old agreements under the dba?

Hello,

If I had an old dba, and I wanted to turn that into an LLC, would that cover old agreements under the dba?

for example: I have an old dba named Billy Bob's Home Video Distribution. I have agreements dating back to the 90s under that dba. I want to form Billy Bob's... View More

David H. Relkin
David H. Relkin
answered on May 11, 2022

Good question. The first part of the answer involves the simple availability of the name; but, given its largely unique name, you will probably have no problems registering it. Second, what is the consequence of you changing your business from (perhaps) a sole proprietorship or (perhaps) another... View More

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1 Answer | Asked in Banking for California on
Q: Is it Legal for companies to buy a loan from another company and then change the terms and charge you more money?
David H. Relkin
David H. Relkin
answered on May 9, 2022

The first rule when it comes to lending is that the terms of your loan cannot be modified unless the original agreement allows for it. (In many cases, lenders' agreements allow for the assignment of a loan.) Thus, unless you were to ratify the "new terms" (by having executed some... View More

1 Answer | Asked in Contracts, Copyright and Arbitration / Mediation Law for California on
Q: Is there a statute of limitations for Arbitrations in California

My issue issue is primarily a breach of contract dispute that touches on the issue of film copyrights. The contract requires binding arbitration.

David H. Relkin
David H. Relkin
answered on Apr 12, 2022

The statute of limitations to bring a contract claim is the same as in New York, namely, four years. However, most contracts that provide for arbitration shorten such periods. In New York, the arbitrator rules on the statute of limitations but when interstate commerce is involved, the Courts may... View More

1 Answer | Asked in Collections for New York on
Q: need an attorney to file an Affidavit of Confession of Judgment on my behalf at the Supreme Court Queens County, NY
David H. Relkin
David H. Relkin
answered on Mar 18, 2022

This is a relatively simple process though its use has been restricted in certain transactions. Any attorney with my credentials could handle this matter for you.

3 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for New York on
Q: What is personal jurisdiction?

I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.

David H. Relkin
David H. Relkin
answered on Jan 24, 2022

In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would... View More

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