Suing in ny. Last known address of defendant was in Arizona. What efforts to locate would court require before issuing default judgement?

Michael David Siegel
answered on Mar 21, 2018

It is not about effort. You need service as per the CPLR, or there is no jurisdiction. If service is not possible using a regular method, your diligence is part of your motion for alternative means of service.

I lost a small claims. Never received anything in mail about decision. I go find out. Paper they gave me had his name vs nys. Not my name anywhere. However, He now put judgement letter on my steps which does have my name and is harassing me to pay. Telling me he won. It’s Only been a week since... View More

Michael David Siegel
answered on Mar 8, 2018

Sounds like he may be scamming you. Call the court and make sure there is a judgment. If you pay, make sure that you get receipts to prove payment. Money orders are the hardest ways to prove payment, and I would suggest just personal checks.

arty lawsuit settled, and while I understand how the lien goes against payments to me, I am aghast that I had to pay my lawyer out of my share while the insurance company is allowed to offset their share of the legal fees and put them against what they owe me, not only creating a conflict of... View More

Michael David Siegel
answered on Mar 5, 2018

You don't and you can't. This is how it works.

The Judge granted motion for summary judgment to the defendant. What is likelihood that I will be liable for the defendant's attorney fees? If I appeal this judgment will the chances that I will be liable for attorney's fees for defendant increase if I lose the appeal?

Michael David Siegel
answered on Feb 23, 2018

Attorneys fees are not a part of any judgment unless a contract says so.

The contract is between a writer and an incorporation for the writer to write an article a week. The contract was first offered in New york where the company is based while the writer from ohio was there to discuss a deal. The company's attorney wrote the contract in New york and the company... View More

Michael David Siegel
answered on Feb 10, 2018

New York, but you could arguably do it in Ohio. If the amount was high enough it could be in Federal court.

I was still in the psychosis I ended up being lost on the streets of the city where I was attacked and sexually assaulted eventually I was taken back to the hospital still in psychosis and kept for 8 days the hospital should never have released me in a psychosis which it was obvious I was in since... View More

Michael David Siegel
answered on Feb 5, 2018

Maybe. Call a medical malpractice lawyer. If they take your case, it is free to you. If they do not, you may have no case.

I’m a pro se defendant in a Federal defamation suit. The case was filed by a former employer who I’ve spoken out against on social media. I’m a college student without money for an attorney so I’m representing myself. I failed to answer the complaint in time & a motion for default... View More

Michael David Siegel
answered on Feb 5, 2018

It is not grounds. Missing a hearing is inexcusable. Either hire a lawyer or do the case, but intentionally defaulting will not be a successful strategy.

I am divorced and I still own 50% of a piece of rental real estate. The divorce was 8 years ago. I would like to sell the real estate. The other person will not agree to sell or buy out me out. What are my options?

Vincent Gallo
answered on Feb 4, 2018

If you are unable to resolve it amicably, you would bring an action in partition which is a forced sale of the real estate.

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I bought several computers from a person in NJ. He assured me over the phone and over text that 3 of the 4 computers were fully functional. After receiving them...none of the computers worked and they looked like they had come out of the garbage. I paid him $850. I live in NYC.

Michael David Siegel
answered on Feb 3, 2018

You can sue in small claims in NJ or NY but collection is a definite issue.

Judge decided on a motion without listening to any of my arguments and constantly talking to an opposing attorney. I believe the order is erroneous and would like to file an appeal.

Please let me know where can I file an appeal?

Michael David Siegel
answered on Jan 31, 2018

The Appellate Term of the Supreme Court. You did not say which county in NYC, so I cannot give you the address. The Clerk can tell you.

I told him from the very explicit, starting public post on craigslist we would both sign an agreement. I never cashed his money order waiting for him to do so, but he hasn't come back, nor has he called me back or replied to my various email messages. I want to give him back his money in full... View More

Michael David Siegel
answered on Jan 25, 2018

You don't. What is his default?

Filed a small claims suit (Queens County-NYC) and requested to see a judge as I did not want my case to be tried by an arbitrator. I was then told that it would take a few court dates if I want to only see a judge. That did not deter me and I insisted on seeing judge and was sent home with a new... View More

Michael David Siegel
answered on Jan 12, 2018

There is nothing you can do. They make a speech about arbitration and by the court in the beginning, and that speech is the same in every court. No one will believe you.

The leak was noticed by neighbor who shares a wall. Her apt also wet. The pipe was in a pony wall between our kitchens. LL charging me for new Pergo floors for both apts even tho the floor looks the same as it did once water removed. What are my rights? LL says first that heat was turned off by... View More

Michael David Siegel
answered on Jan 11, 2018

If you have insurance make a claim. If you do not, state this information in this post in a letter, and refuse to pay. You might be sued. Also, make a claim for your damage in writing as well to the landlord, and you can sue them.

My sister Karen was left everything in her significant others will when he passed on 11/27/17. Her significant other chose to leave his son out of the will. My sister passed on 12/27/17. We still don't know hos she died. She was only 54. She has 2 children. Who should be able to be her heirs?... View More

Michael David Siegel
answered on Dec 29, 2017

This is a complex issue as the deaths were close. Karen's kids are her heirs by law. They should fight for the estate. It is their legacy.

I have a student visa and my boyfriend is an American citizen. We plan to get married in January and travel to the Caribbean for our honeymoon.

Leonard R. Boyer Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2017

Things do not work that way. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should... View More

I was not named in the legal proceedings that resulted in a stipulation of judgment where my partner agreed to pay rent arrears. 2 years after that fact I found out about it; the partner never paid, and Landlord is going after me now as one of the personal guarantors. I was not an active member... View More

Michael David Siegel
answered on Dec 20, 2017

It depends on the terms of the guarantee, but if the usual form, you are liable.

After my grandmother passed away, i sold the apt back to management and was told i would receive the equity once they sell the apt. RECENTLY I found out the apt, in a Mitchell Lana blg. was sold in may of 2015! Had I not reached out to inquire about it, they would have never cut me a check. Are... View More

Michael David Siegel
answered on Dec 18, 2017

Do you have letters from the Surrogate's Court? If not, you are at fault.

The person in question runs a neo-nazi magazine and has published other nazi literature. This person has made thousands of twitter and facebook posts under their real name filled with varying degrees of hateful rhetoric. These are some direct quotes from her:

"Not only do I stand by... View More

After my grandmother passed away, i sold the apt back to management and was told i would receive the equity once they sell the apt. RECENTLY I found out the apt, in a Mitchell Lana blg. was sold in may of 2015! Had I not reached out to inquire about it, they would have never cut me a check. Are... View More

Michael David Siegel
answered on Dec 6, 2017

How could your apartment be sold without you consenting? Did you refuse to buy it in a privatization?