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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Consumer Law for New York on
Q: Was sold counter. goods through google pay, disputed it, and was told no case or invest. would be opened. no help given

I was sold counterfeit goods through Google Pay LLC. Do i have the legal right to a refund if I've bought something that's fake or counterfeit? Should I also report this to Trading Standards and the Pokémon Company International, Inc. for fraud. I was sold fake Pokemon Cards through... Read more »

Michael David Siegel
Michael David Siegel answered on May 19, 2022

File a criminal complaint, but do not count on anything. You are not likely to find the fraudsters, who are long gone with your money. Google Pay is not liable. It just processes payments. It does not vouch for the users.

1 Answer | Asked in Contracts, Civil Litigation and Collections for New York on
Q: Can I used UCC guidelines or the NYS one as a way to dismiss the case?

I was manipulated into auto loan in 2016. I feel into hard time and a divorce and ended up living in my car in 2016. I started to become late but always found a way to catch up. I got back on my feet slightly in 2018 and ended up pregnant. I couldn't afford the car payments and they kept using... Read more »

Michael David Siegel
Michael David Siegel answered on May 18, 2022

The statute of limitations does not apply to an existing case. The SOL is the date to bring a case. You did the right thing so far. Your issue is lack of service. You are going to have to prove you did not live with your brother when he was served as your household.

1 Answer | Asked in Civil Litigation for New York on
Q: We are owed $7500 on a $10,000 deposit given to a business in Friendship, NY, in March 2021. Need a litigator.

An attorney in Elmira, NY, was able to obtain only $2500 and has advised us to retain a litigator in the county of the business owner.

Tim Akpinar
Tim Akpinar answered on May 17, 2022

If you need a litigator, there are a number of options that could supplement your own online searches. Although this site does not function as an attorney referral service, it has the feature above, "Find-a-Lawyer." Additionally, the NYS Bar Association has a lawyer referral service. Good luck

1 Answer | Asked in Civil Litigation, Criminal Law and Family Law for New York on
Q: Is it illegal for someone to use their job to find out your personal and sensitive information about an individual ?

This person works for social services and printed out my application for assistance (with all personal info on it including ss#) and gave it to her sister to use in court ordered mediation for divorce. The employees name (the suspect) was on the top of the page as logged in user at the agency. And... Read more »

Racquel A. Cousins
Racquel A. Cousins answered on May 19, 2022

Yes, you should definitely speak with an attorney. Your situation sounds complicated and you would need to give all the facts to an attorney, who can represent you. It sounds like there is way more going on here than you can type in the "Ask a Lawyer" section. However, to answer your... Read more »

0 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for New York on
Q: Someone help…I haven’t received my discovery in over 9 months no indictment no nothing they took my car as well

How is this legal no response to my 30.30 motion it’s been a month already

1 Answer | Asked in Civil Litigation and Criminal Law for New York on
Q: I’m doing a mock trial in my class and i’m going to be the judge and i’m confused what the basic questions should be 1/2

asked for the preliminary questions

Tim Akpinar
Tim Akpinar answered on May 12, 2022

Try to learn what the protocols and procedures for your trial will be. Familiarize yourself with the case material and the rules. Mock trials can differ in depth according to the academic level. Based on the level of your mock trial, you may need to make rulings on certain things. Is evidence... Read more »

1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for New York on
Q: How do I proved that the party is represented by the attorney from the last case in this case for Declaratory judgment

If only the attorney was served with the summons with notice

Michael David Siegel
Michael David Siegel answered on May 9, 2022

You cannot serve a summons on an attorney for a new case unless service is accepted in a document filed with the court.

0 Answers | Asked in Consumer Law and Civil Litigation for New York on
Q: A debt collection company with no license is suing me for an paid debt from a supposed debt bought from a previous clien

I filled a motion to show cause and subsequent dismissal of the case. What are my chances. This a supposed debt dating back almost 24 years. The case was first filed in 2008 by the debt collector.

1 Answer | Asked in Civil Litigation for New York on
Q: I may need an attorney for a civil law suit concerning online sales business. I live in NY state and need to sue someone

the person i have to sue lives in valparaiso and i need help. it may be under the 10K small claims limit or more. Thank you

Tim Akpinar
Tim Akpinar answered on May 3, 2022

You could search for attorneys independently on your own, you could use the Find-a-Lawyer feature (the tab above to the left), and you could also check with the New York State Bar Association, among other resources out there. See the section on their website called "For the Public." Good luck

1 Answer | Asked in Animal / Dog Law and Civil Litigation for New York on
Q: i signed a contract for purchase of a dog but the vaccines included in the contract the dog never received nor paperwork

So now i must pay as well as find paperwork for the dog and his vaccines that were never given but stated in the contact what should i do

Michael David Siegel
Michael David Siegel answered on Apr 29, 2022

You can bring a small claims suit for your costs.

1 Answer | Asked in Civil Rights, Consumer Law, Personal Injury and Civil Litigation for New York on
Q: What is the legal process for pre action discovery via order to show cause?

I want to identify a defendant via order to show cause with an affidavit of support. Do I need a petition? If so, do I need to buy an index number? Can use the same index number in a lawsuit after the order to show in the same matter? Or do I have to buy a new index number?

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Apr 28, 2022

Yes, you will need to file a petition (for which you will need to purchase an index number) and move by Order to Show Cause for pre-action discovery (which can only be used to identify a defendant - not to find out if you actually have a viable case). You CANNOT use the same index number in the... Read more »

1 Answer | Asked in Child Custody, Civil Litigation, Criminal Law and Family Law for New York on
Q: Can anyone be held civilly or criminally liable if false allegations are made and relied on for decision during custody?

My ex used pending charges against my current spouse, that have since been resolved to try and claim he was violent and my kids in danger. My spouse was not convicted of any of these charges, only misdemeanor traffic charge. Because these claims (along with other false claims) tainted the courts... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 31, 2022

No. The asker must realize that in a post-Clinton nation, no proof is needed for up-front orders, a court investigates after those orders, and then a hearing takes place to confirm or refute the allegations in a petition. The law used to be proof by a preponderance of the evidence; it is now... Read more »

1 Answer | Asked in Civil Litigation, Small Claims, Personal Injury and Health Care Law for New York on
Q: What NY State laws govern an involuntary psychiatric hold (in ER) and the administration of medication without consent?

My 23 year old daughter sought care in ER for asthma attack. After flippantly saying she would "rather kill herself than be admitted overnight", she was immediately put on an involuntary hold without consideration of context and relevant mental health history. Within minutes she was... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 28, 2022

I'm sorry for your daughter's and your family's ordeal here. There is New York State Mental Health Hygiene Law section 9.27(a), which involves involuntary admission on medical certification. These are generally fact-intensive settings that require detailed investigation. You could... Read more »

1 Answer | Asked in Civil Litigation for New York on
Q: In litigation. Asked to sign a durable power of attorney form which allows laeyer to sign medical rel for me. Is it ok?

I dont feel comfortable. I was given option of signing hipaa forms but firm says they prefer I sign power of attorney. Please someone help me understand if this is ok.

Tim Akpinar
Tim Akpinar answered on Feb 25, 2022

HIPAA forms used for requesting medical records have a section where an attorney can sign on behalf of the patient/client if they have authority to do so. It can be a convenience for the client. It's the client's choice. As a case progresses, the list of medical providers can grow. If the... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Litigation for New York on
Q: We have a neighbor who is constantly sending us letters complaining about our barking dogs.

We have proof of her standing in front of our house deliberately taunting our dogs. Along with every letter she sent threatening us with the police and animal control. Do we have a harassment claim against her?

Benjamin Z. Katz
Benjamin Z. Katz answered on Feb 28, 2022

Whether this rises to the level of harassment will be a judgment call by the police or a local prosecutor. However, it may be a good idea to get her actions on record as a preemptive measure before she makes a complaint to the police. If your dogs are barking a lot and disturbing the... Read more »

2 Answers | Asked in Personal Injury, Real Estate Law, Civil Litigation and Landlord - Tenant for New York on
Q: What kind of lawyer do I need? My single wide trailer burned down, no fault of my own! l

I had been complaining to the landlord for months they would try to fix it, it was never right, he and His Drunk handyman put in bigger fuel jets and it burned twice as much fuel. a few days ago at bed time it went out, we hit the reset and a few minutes later the furnace went up in flames, we made... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 7, 2022

First find out if your loss is covered by insurance. If there was an insurance policy in effect for the premises, then the type of lawyer you would need would be a civil litigation lawyer versed in property and casualty claims. Thankfully, it looks like no one was injured. If there is a policy in... Read more »

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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... Read more »

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1 Answer | Asked in Civil Litigation for New York on
Q: Can I add an additional Defendant to a civil law suit once a trail date has been set?

I filed a civil case in NY against an individual and a corporation (corporation A) . The individual claims to have been acting as an agent of corporation A, but the emails authorizing my activities reflect that he was a President of another corporation (corporation B). I want to name (B) now as... Read more »

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

I assume you mean a Trial date. It is virtually impossible to add a defendant after all discovery has taken place. There is a small possibility, namely, if you only just discovered the new defendant and can make an argument that prior to now, it was impossible to know that the additional defendant... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Discrimination and Legal Malpractice for New York on
Q: Do I have a case for false arrest & maliceous Prosecution?I was accused of commiting a crime and it got dimissed on 3030

I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... Read more »

Roy Warner
Roy Warner answered on Jan 15, 2022

Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.

2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: My grandson was placed with me. School principal came out told me I was no longer allowed to drop him off at the school.

School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.

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