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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: I’m a New York State resident. Am I able to sue MSI Computers in my local small claims court? MSI is a Taiwanese company

MSI is a Taiwanese company with its US headquarters in California. They sell their computers through Best Buy and other retailers present in New York State. I would like to sue MSI because firmware I downloaded from their website crippled my computer and I believe they are responsible for providing... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 14, 2018

You can try to sue anyone in any court; but not necessarily with success. In this case, the small claims court lacks personal jurisdiction over the alien company, located in California. Also, what are the damages? If more than $3000 in villages and towns or $5000 in cities, the small claims court... View More

1 Answer | Asked in Personal Injury and Civil Litigation for New York on
Q: I filed suit for a friend, I'm a jailhouse paralegal, I found a flaw, his wrongful confinement claim is solid, Reply?

Court of claims petition has already been filed and will be heard August 1st 2018.

Greaves v. State, 2011 slip Op 21473 is the most useful example for his issue. This argument is very solid and easily winnable and I'm trying to help this person obtain a lawyer to finish what has been... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 14, 2018

I'm happy to consult you and/or your friend free of charge; my cell phone # is 914-912-1555.

What legal argument (technicality/"flaw") are you referencing in the above opinions? Also, note said opinions are not binding caselaw, but rather persuasive precident/caselaw....
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1 Answer | Asked in Civil Litigation for New York on
Q: In NY, am I able to sign a settlement agreement with a stipulation to vacate a confession of judgement?

I signed a COJ and and only afterwards found out that it would negatively affect my credit. I was told that if I sign a settlement agreement I can still pay the money I accept liability. Plus if there is a stipulation for vacating the original COJ then it won't hurt my credit.

In more... View More

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

Having a delinquent debt marked settled will still hurt your credit, but not has much as a recorded judgment on the public record.

1 Answer | Asked in Criminal Law, Immigration Law, Civil Litigation and Sexual Harassment for New York on
Q: In real , Will be he charged as crime and could prevent him to enter Poland again ?

My son had relation with a girl from Poland , once they argued and he threat to send their pics to her husband but he didn't mean it . (was anger moment ).

NB : this threat happened by Facebook while he here.

Carl Shusterman
Carl Shusterman
answered on Jun 2, 2018

This forum is for US immigration law. Your son should consult with a Polish attorney.

1 Answer | Asked in Civil Litigation for New York on
Q: If I receive a fee with subpoena to appear and then the court case is cancelled do I need to repay the $15 fee?

Can you point me to where in state law it says that. I am actually being taken to small claims by someone who wants his money back, and without to much detail I want to give this guy NOTHING!!

Michael David Siegel
Michael David Siegel
answered on May 24, 2018

No

1 Answer | Asked in Civil Litigation for New York on
Q: My corporation was dissolved and I am on the lease as the guarantor can I defend myself pro se without the corporation

Without the corporation having legal representation

Michael David Siegel
Michael David Siegel
answered on May 23, 2018

Yes.

1 Answer | Asked in Civil Litigation for New York on
Q: I received a summons for a bank loan that I have not paid on in about 6 months due to lack of income. How do I proceed?

Loan amount is for $3970.45

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 21, 2018

Hire an attorney to write a cease and desist letter stopping the collection of the loan and/or wait until the sue you and then fight it out.

With a c & d letter and an attorney communicating with them, you should be able to make a good deal to pay it off for way less than half and you...
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1 Answer | Asked in Civil Litigation for New York on
Q: I received a summons to appear in court for non-payment on a bank loan. How would I proceed?

I have a bank loan I have not made payments on in about 6 months due to reduced income. I currently owe $3970.45.

Michael David Siegel
Michael David Siegel
answered on May 21, 2018

You need to file an answer. You can do so at the Clerk's office yourself, or you can hire a lawyer.

1 Answer | Asked in Civil Litigation and Probate for New York on
Q: My son was left money by his aunt who is deceased but it was put under his father's last name and he has my last name
Michael David Siegel
Michael David Siegel
answered on May 17, 2018

If it was in a will, it should be no problem. If it is a pay on death account, you will need to document this issue with a birth certificate.

1 Answer | Asked in Civil Litigation for New York on
Q: My legal dispute is for property destruction worth under $1500. Can I still file a claim in regular court or do I have

to file in small claims?

Michael David Siegel
Michael David Siegel
answered on May 11, 2018

You can file in regular court, but why would you? Small claims is cheaper, easier and gives you full relief.

1 Answer | Asked in Civil Litigation for New York on
Q: can a bank file a lis pendens after withdrawing the first one if the statute of limitations hasn't expired?
Michael David Siegel
Michael David Siegel
answered on May 11, 2018

Yes. That would be the usual procedure.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: Girlfriend in county jail, being denied suboxone while pregnant even though its prescribed by her physician. What to do?

She has been in county jail since last Tuesday (4/10) and is experiencing serious withdrawal from not taking her suboxone. The jail refuses to contact the physician to get the prescription for her, and the physician won't talk to anyone that isn't her because there were no consent forms... View More

Timothy Denison
Timothy Denison
answered on Apr 16, 2018

Have her lawyer redocket the case and get an order from the judge directing the jail to deliver and administer the medication in accordance with the physician s instructions.

1 Answer | Asked in Civil Litigation for New York on
Q: Civil Case : Plaintiff has not responded to the bill of particulars by due date now what do I the defendant do?

Summons & Complaint filed, Default Judgment issued, Motion to set aside and Vacate filed, Traverse Hearing set (no result) bill of particulars sent replied and Defendant sent list of bill of particulars, no response from plaintiff due date past.

Michael David Siegel
Michael David Siegel
answered on Apr 14, 2018

Unless you make a motion, nothing.

2 Answers | Asked in Civil Litigation for New York on
Q: If someone files a civil case against you and your name is not correct do you need to respond to said case?
Gary Lane
Gary Lane
answered on Apr 5, 2018

Assuming they have the right person, but they have your name wrong, yes you should answer, or you can be in default. You can assert a defense in your answer as to the name if it constitutes a defense. Perhaps the name is one of the issues. But do not default.

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: how do i evict a roomate that has no lease

she does not have a lease we do not have any agreement on the said amount she is to pay

but she is causing trouble in the home and threatening my 17yr old daughter, a harassment was placed today and waiting on a court date to be set ive tried using the nycourthelp.gov website and am unable... View More

Michael David Siegel
Michael David Siegel
answered on Apr 14, 2018

Get a restraining order in the Criminal Court. A clerk can help you. Then start an eviction case, or if she does not reside there, you can just change the locks. Calling someone a roommate as opposed to a friend makes the case more landlord/tenant like.

1 Answer | Asked in Civil Litigation for New York on
Q: Can my husband take marital property ?

My husband is have an affair and left me. We are not legally separated or divorced and neither have been initiated. He wants to come into my apartment that we once shared and take what he wants. Can he do that ?

Michael David Siegel
Michael David Siegel
answered on Apr 14, 2018

No.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on
Q: If I accept the $50,000 the Judge awarded me in a civil trial, do I have to sign a warrant for satisfaction of judgment?

The judge in her final judgment only granted me one claim I made for $50,000. But she denied my other 2 claims for $200,000. I am appealing the claims I was denied for $200,000. The defendant did not appeal the $50,000 and is ready to pay the $50,000 but wants me to sign a warrant for... View More

Michael David Siegel
Michael David Siegel
answered on Mar 29, 2018

Properly drafted, no.

1 Answer | Asked in Civil Litigation for New York on
Q: Restraining Notice. In NY, the statute of limitations clock begins when on a past debt? I have a judgment from July '09

I was never formally served in my first judgment in July 09 and a debt collector bought my debt from the creditor in Nov 2011. I'm under poverty income level, without a car, bank account, credit cards since 2011 and own a townhouse with my wife of seventeen years. Rebuilding my future now,... View More

Michael David Siegel
Michael David Siegel
answered on Mar 28, 2018

The SOL deals with the claim before a lawsuit. Once there is a judgment, the judgment is on the record for 20 years.

1 Answer | Asked in Civil Litigation for New York on
Q: If can’t do personal service, what is the alternative form of service in NY?
Michael David Siegel
Michael David Siegel
answered on Mar 22, 2018

Read the CPLR. It depends on the type of entity and case.

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