That's a so-called "bait and switch." It violates the New York False Advertising laws, General Business Law 350 and 350-a. It also may violate the Unlawful Selling Practices law, General Business Law 396, if it was intentional, though only the Attorney General can sue under that...View More
If this was for work on your home, then possibly. If the contractor promised to do work, took money, and then disappeared, there may be a strong case for consumer deception under General Business Law section 349, which prohibits deceptive acts or practices in any business; or for common law fraud....View More
I'm not sure I understand the question. Generally for legal research to identify cases on some topic, Westlaw and Lexis are the most comprehensive and commonly used databases of case law among attorneys, but they are pay services to which you may not have access. Google Scholar has a large...View More
To get summary judgment, a moving party has to submit enough admissible evidence to the court to show that the party is entitled to win the case so that there is no issue of material fact to be decided at a trial. A fact is material if its truth or falsity affects whether the plaintiff wins or...View More
Generally it doesn't mean anything. It means no specific judge has been assigned to the case. Whether one will be in the future depends on the case posture. You should still attend any pending court appearance and meet any pending deadline such as for a motion.
Generally if you win an award in arbitration, you can file a lawsuit in a court with jurisdiction over the Bank (often the contract that contained the arbitration clause also says the Bank consents to the jurisdiction of certain courts) to confirm the award. Once the award is confirmed in a court,...View More
It's an unusual question. In Cherokee Nation v. Georgia the Cherokee sued Georgia seeking release of a Cherokee citizen being tried for a murder committed on the Cherokee territory, taking the position that Georgia lacked jurisdiction over that territory. While the suit was pending, Georgia...View More
It sounds likely that you are thinking of the Indian Civil Rights Act, which is at 25 USC 1301-03. The tribe itself may also have something akin to a bill of rights that it has itself enacted, or customary laws or doctrines recognizing additional or different rights than those in the ICRA. But in...View More
Sure. You can sue them for breach of a contract for a sale of goods. The evidentiary requirements for such a suit and the cost of pursuing it will depend in part on how much is owed. If only a small amount, a small-claims suit may be the most efficient option. If a really small amount, it may...View More
Not as a general matter, though you haven't really provided enough information to be sure. It seems pretty clear that there would be no jurisdiction obtained to compel attendance through merely sending mail to the person in another state assuming they're a nonparty to the suit. The...View More
Not necessarily. Often the OTSC will itself say how it is to be served and if you are preparing one it would behoove you to specify a preferred manner of service. Otherwise, if the OTSC is not an initiating paper in the lawsuit but a subsequent paper then it should be served on counsel and can be...View More
I already paid them $701.93 once I received the summons, now they are seeking another $1153 from me. My orginial balance with Capital One was $500, I have paid well over that already. I was never given the oppurtunity to go to court and I want to file to dismiss. How do I go about doing this?
Assuming this relates to a contract executed in New York, the short answer is that there is none. Under the "time price doctrine" a retail installment sale has for hundreds of years been deemed not to be a loan of money subject to the usury laws. New York's Retail Installment Sales...View More
If you were personally sued, you are allowed to represent yourself. I believe in most counties the county clerk or self-help desk, if one exists, should be able to provide you a form answer that you can fill out essentially by checking boxes, and file. You should take care of this promptly to...View More
Depending on where you are and whether you qualify, there may be such services. In New York City and a few other places throughout the state, there is something called CLARO (the Civil Legal Advice and Resource Office) which holds free self-help sessions at the courthouse to assist defendants in...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.