You should retain counsel to demand copies of all contracts. You have your suspicions about fraud and you should discuss the facts underlying these suspicions with counsel. Your prior contracts should be provided to counsel to review to identify to whom such demands should be made.

The affidavit of service must be filed.

You have posted your question in Arbitration so I assume you have some basis for believing that there is an agreement to arbitrate in the contract. Go to the Chad site and see what it provides regarding disputes. Perhaps it provides for arbitration. They are required to provide you with a copy of... View More

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

When any entity applies to do business in a State it must designate how it may be served by providing a registered agent for such purpose. You say you are hopeful of a possible settlement and ask whether you may send an initial demand to such a registered agent for the entity. The answer is yes... View More

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.

You say that your wife spoke to a National Bank in New York. Then you say that the fraud was perpetrated by someone in Louisiana. I think that you need an attorney to handle this in New York. I don't know the amount of the fraud, but if it is over $25,000 then the case would be brought in the... View More

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.

This is like a question on a bar exam. The question is what was the agreement at the time the money was expended, not at a later time. Therefore, since the expenses were a "gift" at the time they were incurred, that is, there was no intent at that time to ask for reimbursement, the... View More

Cross-Petitions to Confirm and Vacate do need to respond to the extent possible, to the claims of the other party. The burden is on the party seeking to vacate, therefore, in addition to demonstrating (in the Petition to Vacate) the grounds for vacatur, the allegations of the Petition to Confirm... View More

As hard as it may sound, ignoring the letter is the wrong decision. I am not saying that you need to shoot off a letter to the author. I am saying never disregard such a letter. It must be analyzed. What is the motive, what are your risks? You have not provided the substance of the letter, but it... View More

Let me unpack your question since there are a few parts. First, I understand that the opposing party has filed a Petition/Motion to confirm the Award and you want to vacate the Petition. Yes, you file in the same case (which is brought to confirm) in order to vacate the Award. The law is that, if a... View More

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

A common charging order issued against a Bank holding funds in a bank account of a judgment debtor can render the Bank liable when it allows the account to be depleted by anyone other than the Court or without the consent of the judgment creditor -- in this case, you. I have successfully collected... View More

An attorney is required under the Rules of Professional Responsibility to provide a retainer agreement in almost all situations in which he will be representing her interests. However, that does not prohibit a retainer agreement that the client has drafted. However, without the signature, it seems... View More

The law in New York is that a party must move to confirm an Arbitration Award within one year of its issuance. That is a statute of limitations. Don't ignore that date. Unless it is confirmed, no Judgment may be entered on an Award, which makes it unenforceable.

If you believe that the... View More

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

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.

You must keep separate two concepts: the law of the state that will interpret a contract and where and whether entities are "citizens" (or, states in which they are doing business) of a particular state.

I don't have the benefit of your contract, but taking your language... View More

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