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New York Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation for New York on
Q: What happens if someone sues you after you move out of that state

People are treating to Sue my friend but she is moving out of state and no papers or any official word has been given to her

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2022

She could still be served after leaving the state. Leaving does not extinguish a legal action. It could be advisable for your friend to consult with an attorney to discuss in more detail. Good luck

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2 Answers | Asked in Civil Litigation for New York on
Q: What happens if someone sues you after you move out of that state

People are treating to Sue my friend but she is moving out of state and no papers or any official word has been given to her

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 5, 2022

There is a procedure for attempting to serve process in New York courts, sufficient to confer jurisdiction over the person whether or not they continue to physically reside in the state. Additionally, if your friend simply ignores the suit, most likely the Plaintiff will file its affidavit of... Read more »

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1 Answer | Asked in Health Care Law, Consumer Law, Civil Litigation and Collections for New York on
Q: Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me.

Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me for not paying. I am not sure what the charge is for. I don’t know if I can call the hospital? Or the lawyers office that is suing me? I don’t know if the hospital sold my info to a... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 2, 2022

You need to demand verification of the debt, examine the accounting of the debt, and prepare and file your answer to the complaint, containing all of your defenses. Federal law also protects you from false or abusive medical debt collections under the FDCPA. By ignoring it, you risk a default... Read more »

1 Answer | Asked in Civil Litigation, Collections and Landlord - Tenant for New York on
Q: Why would a court allow a notice of motion and the court schedule a date. if the Statue of Limitations has lapsed in NY?

Received a notice of motion about a breach of contract that occurred in 2011 in NY. in my mailbox. Not certified, no name, just return address saying that I need to appear? Sent back certified and to court (originals) an Affidavit to dismiss based on Statue Of Limitations. Still have a date.... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 29, 2022

If you don’t appear, a default judgment will be entered against you, regardless of the merits of the case. The judgment creditor could then proceed to levy your bank accounts and seek a turnover of the funds to the NYC Marshall to satisfy the judgment. The statute of limitations for rent arrears... Read more »

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... Read 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... Read more »

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1 Answer | Asked in Civil Litigation for New York on
Q: is g and p Malik llc still registered in the state of Delaware?

one non voting limited member of LLC has declared in court ,that LLC is dissolved and he has transferred the account under his name.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 24, 2022

We need more information to answer your questions. Was there a shareholder meeting on which dissolution was voted on? Is there a certificate of dissolution on file? Have all taxes and fees been paid? Was proper notice and an agenda provided to the shareholders in advance of the meeting in... Read more »

0 Answers | Asked in Business Formation, Business Law, Civil Litigation and Civil Rights for New York on
Q: I currently own a business and I want to change my personal legal name. What is the best way to proceed?

I own a business in the State of Michigan (holding company of personal assets and entrepreneur income) but I currently live in the State of New York. I want to change my personal name, but I am confused of how to "retain" or "transfer" ownership to "myself" under my new name.

0 Answers | Asked in Civil Litigation for New York on
Q: What forms are needed for Brooklyn Small Claims Court to settle/discontinue Claim before court date?

What forms are needed to have signed for affidavit to Small Claims Court to settle case, pay in full and get affidavit re full payment?

0 Answers | Asked in Civil Litigation and DUI / DWI for New York on
Q: I got a DUI after I was t- bones by another vehicle at a four-way stop sign stop. The cop said my pupils were small.

He gave me a field sobriety test on a driveway that was slanted he was training another officer who then gave it to me but didn't really receive the instructions good. He had to tell the trainee multiple times and how to do it in which I was a little confused on what to do and I had just got... Read more »

0 Answers | Asked in Real Estate Law and Civil Litigation for New York on
Q: Bought a house in NY. Found some undisclosed issues an inspector wouldn't have caught. Can I sue for repair costs?

The fan/light/heater in the bathroom was wired backwards and nearly started a fire. Conveniently found out the person who wired it also used painters tape rather than electrical tape. During our final walkthrough, a 3 inch deep hole was spotted in the basement floor next to the sump pump. I assumed... Read more »

2 Answers | Asked in Civil Litigation, Personal Injury and Real Estate Law for New York on
Q: My question is with regards to liability. Bank owned property.

There is a large tree in the backyard of the property that has displaced my fence, and also caused damage to my backyard's foundation due to the roots growing through the ground. The property is also occupied by squatters and the bank may, or may not be attempting to evict. (I've reached... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 26, 2022

There might be liability for the bank. But, you can also sue and get a lien on the property. If you want the tree out, call 311 and see if the City will do it and put a repair lien on the property.

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Q: How would someone get basic information (i.e. claimant name and payout amount) from the BP Oil Spill settlements?

Know that 2019 US Courts ruled that the information can now be viewed by the public.

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2022

The US EPA has a link - "Case and Settlement Information" on their site - https://www.epa.gov/enforcement/deepwater-horizon-bp-gulf-mexico-oil-spill

They provide information on earlier settlements. You could check if they have updates or if they could direct you to resources with...
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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.

1 Answer | Asked in Civil Litigation, Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: Is it not true that only a Judge can dismiss a claim on failure to file a claim upon which relief can be granted?
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2022

Your question straddles a number of categories. I can only speak for the civil part; a criminal defense attorney could address criminal aspects. In my experience, it is the judge who makes decisions on dismissals. Your question includes the word "only." I can only say that I haven't... Read more »

2 Answers | Asked in Civil Litigation and Contracts for New York on
Q: I didn't owe that person money, but I wrote a contract that I would repay him. if I break the contract, will I be sued?

A friend asks me to use his account to invest in the stock market. as a result, there is some loss in the investment account. my friend asked me to write a contract to repay him. What if i break that contract, will I be sued?

Denis Kitchen
Denis Kitchen
answered on Sep 22, 2022

This strange set of circumstances raises more questions, but putting those aside, if you made a contract with someone to pay them a sum of money, your breach of that contract could induce him to sue you. You may have a defense, again depending on the circumstance. But WILL he sue you? No... Read more »

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Q: I live across the street from a developer who used to play nice. You knew what was going to be built 6 months in

advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”

WAS ALL OF THAT LEGAL?????

It’s been a few years.

Do Towns... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.

1 Answer | Asked in Civil Litigation for New York on
Q: If i take a personal loan out for a friend who promises to pay me back. If this person doesn’t pay me back am I screwed?

Just text messages? Emails I gave it to them in cash the money was deposited into my account I withdrew cash and gave it to them

Michael David Siegel
Michael David Siegel
answered on Aug 24, 2022

Sure. But what proof do you have that you loaned the money you borrowed to them?

1 Answer | Asked in Bankruptcy, Business Law and Civil Litigation for New York on
Q: Could cryptocurrency sent to an insolvent company be recoverable under 546(c) of the bankruptcy code?

I sent cryptocurrency to Celsius within the prior 45 days before they filed bankruptcy. Could I possibly have reclamation rights under 546(c) of the bankruptcy code?

Uncertainties: is the cryptocurrency considered a good covered by this? Cryptocurrency sent to Celsius is essentially lent to... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jul 27, 2022

This would be a low priority claim and without significantly more information, there is no way to know. You need to retain an experienced bankruptcy attorney and provide a great deal of information. Good luck.

1 Answer | Asked in Civil Litigation for New York on
Q: Can a second new york note of issue be filed after a case is orally dismissed at an inquest on damages - but the case is

still pending because no judgment was entered?

Michael David Siegel
Michael David Siegel
answered on Jul 7, 2022

No. There is no oral dismissal. The judge has to enter something on the record. Order the record from the proceeding and ask the judge to "so order" his transcript. Or, call the judge's clerk and ask them to enter a dismissal.

1 Answer | Asked in Consumer Law, Foreclosure, Civil Litigation and Collections for New York on
Q: Can a default judgment be enforced, if the defendant was never served, the complaint was filed in another county?

The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 24, 2022

1. Different counsel? Not relevant. Happens all the time.

2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.

3. Recourse? Make motion in court that entered judgment to vacate on improper service.

4....
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