Yonkers, NY asked in Civil Litigation for New York

Q: I have an old 2009 case I re-opened for non-payment. Hired a PI to find person, learned they moved to Virginia ~2yr ago

Want to add PI fee's to case; PI I hired and others I inquired all said fee's can be reimbursed by defendant if request it to court. NY court clerk says no, maybe VA will do. VA court clerk says NY court would need to add on since fee weren't part of orig judgement. Trial judge on case has long left. Info I researched came across on this site - CPLR 8301 for disbursements, but unsure if it fits my request. Can I request Admin Law judge to review and add PI fee's, so I can then send info subpoena to Virginia court clerk, or are PI fee's an out of pocket expense I have to deal with?

Related Topics:
2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You cannot add this to the judgment without a motion in New York. Honestly, it is a big bureaucratic process, and you will only get it if the contract you are suing on has costs of collection included. If this is not a contract case, you will not get it.

Aubrey Claudius Galloway agrees with this answer

1 user found this answer helpful

Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Scarsdale, NY
  • Licensed in New York

A: I agree with my colleague Mr. Siegel…This is not your move here. You do have some other options however. Feel free to reach out if you would like to discuss. I can be reached at 914-912-1555. Aubrey.

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.