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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: Can I sue someone for not paying me even if there was no written contract in place?

I worked as a freelance software developer for a small game studio for the past 10 months. The first 5 months was voluntary work as the product was not making any significant amount of money. After that, I was paid approximately $1000 per 40 hours of work for multiple payments (no invoices, just... View More

Michael David Siegel
Michael David Siegel
answered on Nov 6, 2018

You are out of luck because you accepted $600 for the time you worked and did not work after that time. Oral contracts are enforceable, and texts can substantiate a contract, but from what you posted you retained no interest in your Code. There is nothing in your post that substantiates that you... View More

1 Answer | Asked in Employment Law and Civil Litigation for New York on
Q: Is NYC violating Education Law 3020 when they charge teachers without bringing charges to an Executive vote ?

Judge Desmond Green ruled that a 3020 hearing cannot proceed unless charges were decided by the Panel for Education Policy (PEP). I was fired in 2016 after a 3020 hearing where my principal found probable cause and not the PEP. Can I challenge this?

V. Jonas Urba
V. Jonas Urba
answered on Nov 6, 2018

Seek a NYC education lawyer possibly from NELA NY's list of attorneys or the New York City Bar Association lawyer referral service. You want an attorney who is close to an expert on New York City Education Law which is highly technical. Good luck.

1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: If you win a Traverse Hearing against Midland Funding for no service and the default Judgment is Vacated in NYS

Can they sue again if the SOL is past. The alleged debt is from 2011. The SOL in NY is 6 years and the Chase credit card is based in Delaware where the SOL is 3 years. Do they Toll the SOL limitations from when the action was started with "Sewer Service" in August 2013 - Default Judgment... View More

Michael David Siegel
Michael David Siegel
answered on Nov 1, 2018

No. The SOL bars another case at this late date. There is no tolling.

1 Answer | Asked in Civil Litigation for New York on
Q: How do I make a Bronx County judgement good in NJ to sue a Bergen county resident?How do I do this.

Need fee waiver also. Bergen County said I can’t file for it because ai don’t have NJ docket number. Can’t get that without paying. Catch 22

Michael David Siegel
Michael David Siegel
answered on Nov 1, 2018

You take a certified copy of the New York judgment to the Clerk in Trenton. New Jersey judgments are docketed on a statewide docket, not county by county. There is a small fee on both sides.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Public Benefits and Social Security for New York on
Q: Does the Suffolk County Dept. of Social Services have the right to take money from my SSI? Further discussion is needed
Jonathan David Warner
Jonathan David Warner
answered on Oct 30, 2018

Under some circumstances, the answer is "yes" - but only with respect to child support, income taxes, criminal restitution, or Social Security overpayments. Give them a call and ask them about it - they'll at least be able to let you know to whom the debt is owed. There have been... View More

1 Answer | Asked in Civil Litigation for New York on
Q: Is there a standard to how long an answer to a complaint should be?
Tim Akpinar
Tim Akpinar
answered on Nov 24, 2018

It can depend on the complexity of the case. Sometimes it is a simple matter of responding with the who, what, when, where, etc. If the matter is a complex or highly contentious one, an answer (and subsequent pleadings) can reflect that in their complexity. An experienced attorney who regularly... View More

1 Answer | Asked in Products Liability, Civil Litigation and Personal Injury for New York on
Q: Do different types of product defects come with different amounts of damages you're able to recover?
Tim Akpinar
Tim Akpinar
answered on Nov 10, 2018

In these cases, the damages are generally related to the severity of the harm. In that vein, similar to negligence-based personal injury cases, a court would examine the nature of injuries and disabilities, with a major factor being whether they are temporary or permanent.

Tim Akpinar

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: Debt incurred by ex on a joint credit card that was supposed to be closed. They stopped paying. What recourse do I have?

This credit card had a zero balance and was supposed to be closed at the time of the divorce by my ex, (yes, my fault for not checking).

18 months later, $3,500 was charged by my ex and they are not making monthly payments. The ex acknowledges the debt is theirs. Claims they didn't... View More

Michael David Siegel
Michael David Siegel
answered on Oct 8, 2018

The key line of your post is your fault for not checking. As to the bank, you have to pay. As to your ex, if you are named in a bankruptcy as a creditor for this debt, it will be a discharged claim, and you cannot sue your ex.

1 Answer | Asked in Civil Litigation for New York on
Q: What would allow an officer to search the car? (details below)

if a man is suspected of terrorism and is running down the street with a plastic bag then places that bag in a car, What allows the police to search the car with no search warrant? The police searched the whole car and found explosives in the trunk. As a prosecutor what will allow me to admit this... View More

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2018

If this question was posted in the criminal law section, it could stand a better chance of being seen by criminal law attorneys. This is a Fourth Amendment search and seizure issue that criminal attorneys would be knowledgeable about.

Tim Akpinar

1 Answer | Asked in Civil Litigation for New York on
Q: If a fraudulent bank foreclosed on my home and sold it to someone else, don't I still own it?
Michael David Siegel
Michael David Siegel
answered on Sep 25, 2018

What is a fraudulent bank? If there was a court case, you were served, and you failed to respond, you do not still own it.

1 Answer | Asked in Business Law and Civil Litigation for New York on
Q: Can a BOD of a NYS C corporation sign or commence a affidavit against the corporation it’s serves under rule CPLR 3212

Can elected BOD of a corporation give a affidavit for a motion for summary judgment against the corporation is served under CPLR 3213. Is this a conflict of interest under section 7 of Business law

Michael David Siegel
Michael David Siegel
answered on Sep 13, 2018

Not necessarily. It depends what the complaint is about.

1 Answer | Asked in Civil Litigation for New York on
Q: I now have a civil execution against me for non payment of a lawsuit that was paid what do I do?

I was ordered a year ago to pay a total of $435 directly to the creditor, I paid that over 3 checks, 2 were cashed totaling $235 the 3rd was never cashed, now the creditor has gotten a civil execution from the sheriffs for the full amount of $435 + fees. The sheriffs saying nothing they can do even... View More

Michael David Siegel
Michael David Siegel
answered on Aug 31, 2018

Although a pain in the butt for a small amount, you have to make a motion to have the judgment deemed satisfied. In theory, the creditor has to pay your fees, as you paid the judgment.

2 Answers | Asked in Civil Litigation for New York on
Q: Can you settle a civil lawsuit at any time? Or is there a certain point at which you must proceed with litigation?
Michael David Siegel
Michael David Siegel
answered on Aug 25, 2018

Settlement and proceeding proceed on separate tracks. You can settle anytime, but the docket keeps moving and eventually you are up for a trial.

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1 Answer | Asked in Civil Litigation for New York on
Q: Wallmart accuses me of something I didn’t do and I got locked up for it

Was in Walmart with a guy I know he bought some stuff at self checkout which was about 650$ and forgot to pay for a mat that was under the cart due to cart was full while he paying I’m sitting about 25 feet away waiting on my phone he pays and is walking to the door I get up to leave also and... View More

Michael David Siegel
Michael David Siegel
answered on Aug 25, 2018

Whether you are charged now is up to the DA, not Walmart.

1 Answer | Asked in Civil Litigation and Elder Law for New York on
Q: My mom inherited 1/2 of a house in 2008.

My mom, and her nephew inherited a house in 2008, mom died in 2015. Recently, I found out that my moms' nephew sold the home April 2018, without my dads knowledge. Isn't my dad still entitled to her half of the proceeds from the sale, even if my mom is deceased. As of today her nephew... View More

Michael David Siegel
Michael David Siegel
answered on Aug 25, 2018

It depends on how the deed was drawn. If it was with right of survivorship between the two then no. If tenants in common, then you are right. Look at the deed and see how it was done.

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: How does the child support collection agency that operates under the executive branch magically become judicial ?

They keep sending me &/or serving me papers..after I already told them I'm not interested in doing business with them & that I don't concent to any of it..& they still keep harassing me. Cease & desist letter was never answered & just ignored obviously. I'm ready to sue them .

Michael David Siegel
Michael David Siegel
answered on Aug 8, 2018

Boy do you have no clue how this process works. Get ready for jail. Ignore them at your peril.

1 Answer | Asked in Civil Litigation, Personal Injury and International Law for New York on
Q: If I was injured in a Mexican hotel owned by a Spanish company, what type of law firm should I seek?
Richard Sternberg
Richard Sternberg
answered on Jul 24, 2018

Unless the Mexican hotel or some other potential defendant, depending on the cause of the injury, has assets in the U.S., the type of law firm you need is a Mexican one. It is possible in many cases to get jurisdiction for actions that occurred in the U.S., in which case, you might consult an... View More

2 Answers | Asked in Civil Litigation for New York on
Q: I signed a contract with a contractor and gave deposit for an addition to be put on our house on May 13.

The contract states “ job can start in 8-10 weeks”.

That will be this Saturday. I’ve unfortunately had minimal contact with him because he’s not returning my phone calls. Can i legally get out of the contract if nothing starts by Saturday?

Thanks

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jul 18, 2018

Well, first off, just because Something is written doesn’t necessarily make it by then… In fact, in most cases oral contracts are just as legally binding as written ones. In both cases, however, if a “material term of the contract” is breached, and no harm will be bestowed if the contract... View More

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2 Answers | Asked in Civil Litigation for New York on
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... View More

Michael David Siegel
Michael David Siegel
answered on Jul 10, 2018

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.

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1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Collections for New York on
Q: i have a friend who owes me money. i had her sign a reciept from the atm and on it stating the terms. do i have a case

terms state to pay back by dec 2018. she lost her job due to drug problems. i want to know if i should seek legal advice and file a claim NOW or wait till after december to see if she actually pays anything back. we have been best friends since we were 8 (now 28) and she is going through a tough... View More

Michael David Siegel
Michael David Siegel
answered on Jul 1, 2018

Save the document. If the terms say December that is the due date. There is no default yet. You can sue in small claims for this.

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