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New York Civil Litigation Questions & Answers
1 Answer | Asked in Child Support and Civil Litigation for New York on
Q: I lost my job and I am on unemployment. can the judge deny the reduction in my child support petition?

I was the respondent in a CS case the judge awarded my wife $285 a week plus retro active support in the amount of $2600. So I am supposed to pay almost $450 a week. I lost my job and receive UE. I am petitioning to get this reduced while I am on UE. Can the judge deny the reduction?

Barry E. Janay
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answered on Dec 29, 2016

Yes if you lost your job through misbehavior or even negligence on your part. Judge's in determining child support look at what is in the best interest of the child first and then take other equitable considerations into account when determining support levels.

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for New York on
Q: As long as I don't say names of ppl, places or their age in a video about a teacher can I get in any kind of trouble?

I want to make a story time video about this teacher in my school but I also don't want to get in trouble. As long as I keep their name, age, name of the school and my friends (basically no information about my school or related to my school) can they legally suspend me or get me in trouble?

Barry E. Janay
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answered on Dec 19, 2016

Your question potentially has two primary issues to deal with in answering, the first concerns privacy rights the second involves defamation law.

While privacy laws vary from jurisdiction to jurisdiction and the law changes fairly frequently as well as rulings are difficult to predict...
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2 Answers | Asked in Civil Litigation for New York on
Q: I have received a notification from an attorney in NY on behalf my ex mother in law acusing me of an unlawful scheme

to

to embezzle money and tranfer the funds form an account located in Panama owned by an offshore company, to and account located in the new york state in the name of a company that is owed by someone else (not myself). The notification says that this is a comercial division case and the... View More

Michael David Siegel
Michael David Siegel
answered on Dec 4, 2016

It is not a notification. It is a summons in a lawsuit which has been filed against you. If you do nothing, which is an option, a judgment will be entered against you in New York State court. If you have no assets in the USA, it is irrelevant, as American judgments cannot be enforced in... View More

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3 Answers | Asked in Civil Litigation for New York on
Q: how can I get information on my mom lawsuit I have no information on it because she passed my sister filed the suit she

she passed as well someone contacted another sister as well but she lost the information of contact this happened 10 yeas ago and I don't know the outcome of the lawsuit what should I do

Derek John Soltis
Derek John Soltis
answered on Nov 29, 2016

You can look online to find many different cases filed in NY:

https://iapps.courts.state.ny.us/webcivil/ecourtsMain

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Q: no knowledge of action to evict my12 yr old & me until email 1day befre deadlne to remve belongings&further access thm

received email from petioner 11/5/16 re: remval of belongings frm property by 11/6/16. any property not remved by 11/7 would be discrded and or packed and moved to a facility on 11/12.. As of midnight 11/6 no access to premises & belongings.permitted.Petioner is my father & his attrny is my... View More

Michael David Siegel
Michael David Siegel
answered on Nov 11, 2016

You need to file an order to show cause ASAP. Court is closed today. Go Monday morning when it opens.

1 Answer | Asked in Libel & Slander and Civil Litigation for New York on
Q: What is the proper way to amend a cross-motion to a motion?

There is no change in content or exhibits only a change in the title cross-motion to motion because opposition withdrew his motion.

Can it be done by letter and just mailed to opposition and submitted to the court. It is within the 20 day service time.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 20, 2017

See, for example: http://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-3025.html

The specific law depends on the filing itself and the case. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
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1 Answer | Asked in Civil Litigation for New York on
Q: I`am 25.Can my mom help me pay a civil demand?
Andrew M. Stengel
Andrew M. Stengel
answered on Nov 6, 2016

Anybody can help you pay a civil demand, but you might want to ask a lawyer if that's necessary before you do.

1 Answer | Asked in Banking, Civil Litigation and Family Law for New York on
Q: Do I have any legal rights to go after my wife for her half of all the house hold expenses and finical agreements.

My Wife and I are having some marriage issues and she has moved out of the house as of July 11 and as also stopped helping with all expenses of the house hold including the ones that where only in her name along with the car loan to the car she took with her. Do I have any legal rights to go... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

Community debts/ assets are divided as part of a divorce order issued by a judge. Filing for divorce is the first step. 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/ publications on... View More

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for New York on
Q: How do I right an effective Affidavit of Opposition?

I retained what's has turned out to be a attorney model debt settlement company. I terminated the contract of 42 days, the firm is now suing me for 20% of the debt owed and calling it legal fees when no legal services were performed because I was put in a debt settlement program. The fee she... View More

Barry E. Janay
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answered on Oct 24, 2016

There appears to be more to this than what appears on it's face... The company you retained may have engaged in the Unlawful Practice of Law and can be punished:

See New York Judiciary Law - JUD § 47

2 Answers | Asked in Civil Litigation and Collections for New York on
Q: A debtor filed suit against myself, my collection agency and a dozen other collection agencies and owners. Can they win?

I am in NY, the debtor and their attorney is in MI. The debt passed through my office and was re-sold. We are being accused of selling the debt without the proper ownership. It turns out an agency higher up the ladder than us sold the debt without owning rights to the debt. The current agency who... View More

Michael David Siegel
Michael David Siegel
answered on Oct 22, 2016

You should not be liable here. While the actual owner has rights superior than the owner of a stolen good, the debtor never owned his own debt. Thus, I am not sure what damages accrue to the debtor who owes someone. He just does not know who it is. You did not violate the FDCPA, in that you... View More

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1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for New York on
Q: Could my bank savings prior to marriage be at risk if my wife gets sued? We live in NY

We are not in business together. I have not touch those funds since our marriage.

Michael David Siegel
Michael David Siegel
answered on Oct 18, 2016

Not if it is an individual account and the funds are yours.

1 Answer | Asked in Civil Litigation for New York on
Q: My neighbor hit my car and talked me into not calling the police.

The insurance company won't pay the full price to replace the car. Can I sue her to get the rest?

Michael David Siegel
Michael David Siegel
answered on Oct 13, 2016

Yes, but without a police report how are you going to prove liability? That is your hurdle.

2 Answers | Asked in Civil Litigation for New York on
Q: The attorney rested the case but we still needed to admit something into evidence - can a judge accept it?
Michael David Siegel
Michael David Siegel
answered on Oct 7, 2016

Maybe. A motion needs to be made to do so.

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2 Answers | Asked in Civil Litigation for New York on
Q: I was cited for careless driving in an accident where the other person had to have some chiropractic care.

Now I'm getting sued for putative damages and they're saying in was driving recklessly. But I wasn't cited for that - what should I do?

Barry E. Janay
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answered on Sep 29, 2016

You need to vigorously defend the claims in the lawsuit. I do not suggest going it alone without representation.

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2 Answers | Asked in Business Formation, Business Law and Civil Litigation for New York on
Q: when a sole proprietor of a corporate entity dies, must a fiduciary be appointed to wind up the corporation?

is any pending litigation stayed subject to the appointment of a fiduciary

NYS 2nd department law only

Michael David Siegel
Michael David Siegel
answered on Sep 27, 2016

You are mixing legal terms. A sole proprietor is the opposite of a corporation. A corporation might have a sole shareholder. If that is what you mean and the individual is not a defendant, then there is no statutory stay of the case. Who has authority to act will be determined by the bylaws, or... View More

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1 Answer | Asked in Civil Litigation for New York on
Q: A tree branch from my neighbor's yard fell on my roof and damaged it.

I have tried to work with their insurance agency but have had no luck. Can I sue them for the repair costs?

Michael David Siegel
Michael David Siegel
answered on Sep 21, 2016

Absolutely. They are liable.

2 Answers | Asked in Civil Litigation for New York on
Q: I was in a crowded parking lot and tried to move around a car that was waiting for an open space.

I parked at a space farther away and then was accosted at the entrance to the store by the person in the waiting car who physically blocked the entrance to the store and yelled at me in obscenities. I didn't do anything wrong - am I able to sue him. He shouldn't get away with this.

Michael David Siegel
Michael David Siegel
answered on Sep 15, 2016

Anyone can sue anyone if you pay the filing fee, but I do not see the damages.

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2 Answers | Asked in Civil Litigation for New York on
Q: Can a company file a law suit even if it's in bankruptcy?
Barry E. Janay
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answered on Sep 8, 2016

Yes, but it's probably something that you would have to disclose and work with the Bankruptcy Trustee on.

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: My landlord insulted and cursed at me in public and he also offended me about my "nationality", what can I do about it?

My landlord lives downstairs (in the basement of a 2 family house). We are the tenants at first floor. We're 4 people. Couple with a son and a daughter (both age 20+). We pay rent regularly and we're a normal quiet family.

Last night my landlord was sitting outside in his backyard... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 2, 2016

First, put a lock on the door as the police suggested. You are entitled to undisturbed possession except in case of an emergency. As far as the yelling and cursing, that makes him an obnoxious loudmouth. If he insults our nationality, he is also a bigot. But as far as I know, that does not make... View More

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1 Answer | Asked in Civil Litigation for New York on
Q: How do I get money owed me out of someone who is bankrupt?
Sharon M. Siegel
Sharon M. Siegel
answered on Sep 2, 2016

The short answer is you don't. That is the point of bankruptcy -- to not pay your debts. The long answer is that if there is a basis to seek non-discharge of the claim, you can make a complaint to do so.

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