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The CA affirmed and the S. Ct denied cert, but the lower court later amended the judgment as a clerical error. What is the effect of such a judgment
answered on Jun 6, 2017
Only one court has jurisdiction of a case at any one time.
If all the appeals and cert. Denial occurred before the lower trial court amended due to clerical error then courts retain jurisdiction to amend for good cause. It was their case to begin with.
If the lower court did it... View More 
Hello.
I got injured during work and the employer promised me to pay for medical fee etc.
It has been 10 years but I have not got paid.
Also, the employer committed various misconducts which their attorney insisted that the statute of limitation was over.
(I filed... View More
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answered on Jun 5, 2017
1. A promise to compensate doesn't toll (extend) most statutes of limitations.
2. Injuries on the job are usually handled by the Workers Compensation Tribunal
3. Under NY's workers compensation statute you have 2 years to file a claim.
3. If you previously... View More
my injury?
answered on May 26, 2017
There is no order to file but most lawyers will want criminal proceedings to conclude before civil proceedings go to trial. But due to statute of limitations you cannot wait to file either.
fraudulent,they have given answers to my demand's and have requested discovery from me and want to inspect my original lease amongst other demands my only objection is the inspection of the original because she copied and pasted my signature from the copy, can I legally object ? and what would... View More
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answered on May 25, 2017
If she copied and pasted your signature without your consent that does sound alot like fraud to me, but the facts you lay out sounds like she is claiming you committed fraud. Obviously there is a lot more going on here than you have written and a supreme court action concerning real estate almost... View More
they have already copy and pasted my signature from the copy on a fraudulent lease, how do I object what would be my legal reasoning or limit the time they have with the original ?
answered on May 25, 2017
It depends on the type of proceeding and the form of the demand. If you are in a court case, you are going to have to do it.
If the lot is closed is it possible for Great Escape security to turn down a handicap with a handicap hanger card for a handicap parking spot.My father has severe neuropathy and cannot walk distances.They were claiming he could park across the street in another handicap but he cannot walk the... View More
answered on May 13, 2017
Is the lot a private lot? If it is, and if it was closed, then they may refuse service to anybody. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More
Plaintiff’s Complaint Fails to State Any Facially Plausible Claims pursuant to
42 USC § 1981 and § 1983.
answered on May 13, 2017
Many cases are dismissed.
You are in Federal District Court for the Southern District of New York apparently. The 2nd Circuit Court of Appeals is an appellate level action which determines federal trial court decisions.
Hopefully your complaint pled specific facts which assuming you... View More
On 5/10/17 a Consumer Credit Transaction Summons was delivered to my father in law at my address with me listed as the Defendant and Capital One Bank listed as the Plaintiff. It states that I am required to "serve an answer to the annexed compaint upon plaintiff's attorney, at the address... View More
answered on May 11, 2017
I charge $500 to answer such a summons. The payment plan you seek is obtainable, but to avoid a judgment you must answer. Once judgment is entered your credit will be impacted and it is harder to settle.
The last time I saw her was in Aug. 2015. She now owes me $1350,00. She has not returned any of my calls, I told her I will have to take her to court but she has not responded. Can you tell me how much it will cost to sue her and if she is responsible for the court fees? If she is working will... View More
answered on May 10, 2017
It is small claims. Do it yourself by going to your local court.
answered on May 8, 2017
What case? What court? You have to give more information.
I want them to buy my car back because it's been in the garage more than I've had it and this time the garage can't figure out what is wrong with it they've tried everything they can and I don't want to keep paying for a car I can't even drive.
answered on May 6, 2017
Is it a new or used car? Was there a warranty with the car? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
I was solicited on the internet for credit repair. I entered into a contract. the provider did not do his job and I was dependent on it. upon questioning what has been done I was cancelled. I know its a general breach of contract. the law firm is in pa under good standing they claim to be licensed... View More
answered on May 5, 2017
Call the District Attorney in the county where you live in NY, and the DA in Pennsylvania. There are really two crimes -- one is the lawyer engaging in the unauthorized practice of law in NY, but his defense, that the Paralegal used his name, is a crime in PA.
OCFS returned a decision on 8-25-2016 after a special hearing on 5-4-2016, regarding a finding that stemmed from a report in 2009. The hearing demonstrated many things, including that there was never any factual basis, that no such claim was even made, that there was no investigation, other matters... View More
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answered on May 4, 2017
If you can prove you didn't receive the decision then you may still get your case heard via the Article 78 specia proceeding. Depending on how much or what rights are at stake you should consider hiring an attorney to assist you. Hey maybe even an attorney Justia considers a Level 7 attorney... View More
answered on May 3, 2017
A statute insulates social media from such suits. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
I cannot afford my atty who wants me to settle. Could I join current suit against Northern free?
answered on May 3, 2017
I have handled may Northern Leasing cases. Northern Leasing is a scam. Do not settle. There are many cases holding their leases to be scams. I am not sure what your lawyer is charging, but do not pay.
answered on Apr 29, 2017
Is this a collections action that you're asking about? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
I am representing myself in a limited civil matter and would like to start the discovery process now that an answer has been filed. I want to know if I must have someone serve all my notices and requests like I had to pay for service of the summons or can I mail all discovery requests to the party... View More
answered on Apr 23, 2017
Just mail it. Use certified if you want proof of delivery. You do not need an affidavit of service.
was left for me by my mother upon her passing who passed away on 9/16. I can not afford an attorney,trying to
obtain probono from the appropriate associations without any success. Can you assist me in finding a probono
attorney or can I bring these people to court on my own with... View More
answered on Apr 20, 2017
This depends on what county you live in. You will likely not be appointed and 18 B attorney by the court, as this is a relatively simple thing for us to do, and in general requires only about an hour of work ( our firm bills $120 an hour on this sort of case).
You must also make note that... View More
My ex created a fake text conversation between "me" and her using an online program. She had "me" say I wanted to leave my wife and go back to her. She then sent screencaps to my wife, upsetting her greatly. What are my options? Is this identity fraud? Would this be civil or criminal?
answered on Apr 14, 2017
While upsetting, I don't hear a crime or tort here, unless the damages are truly severe, e.g., intentional infliction of severe emotional distress: http://www.nycbar.org/get-legal-help/article/personal-injury-and-accidents/infliction-emotional-distress/.
More details are necessary to... View More
I want to sue a business (specialist medical practice) for a $4000 bill in the small claims court. The claim is that they charged me for services that were not requested through referral from the primary doctor. Do I have a case?
answered on Apr 12, 2017
It depends on the paperwork you signed when you were treated.
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