Get free answers to your Civil Litigation legal questions from lawyers in your area.
Hi I was assaulted by a security guard at a music venue/ bar on May 28,2023. She and a group of people pulled me out to the street then they held me down while she stomped on my face and arms. She took over restraining me then repeatedly punched me for ten minutes in my face. Cops came and I was... View More 
answered on Jun 8, 2023
Sorry to hear what happened to you. Whether you have a viable claim against the assailant's employer will depend on whether his actions and use of force were within the scope of his employment. If not, you will need to demonstrate that the music venue / bar had knowledge of his bad disposition... View More
The deceased family member lived in a different state than us and left no assets. We also had their mail temporarily forwarded to us in NY. The bank traced the forwarding and filed a suit in our state. They are unaware the family member has passed. Should we just alert them to the death and be... View More
answered on Jun 6, 2023
Just alert them to the death. A copy of the death certificate would be a plus.
I stayed with a friend in another state. I asked if I could visit her and she agreed. We did not discuss any payment. I slept on her floor for 5 nights. We did some outdoor photo shoots together, since my friend is a photographer. After I left, she sent me a nasty email demanding $1730 for the... View More
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answered on May 22, 2023
Without knowing the state your friend lives in, none of us can say for sure, but from my NY perspective, unless you had an agreement in advance, she cannot unilaterally demand "rent" for 5 days on her floor now that she's mad at you. Your text, while not all that helpful, probably... View More
I recently stayed at my friend's apartment. I had asked in advance if I could come and she consented. We did not discuss any payment. I slept on the apartment floor for 5 nights. They picked me up from the airport and we did some travel activities together. We also did some outdoor photo shoot... View More
answered on May 20, 2023
A text, after the fact, stating “ I’m happy to pay the expenses you demanded” is not itself a contract. The factual circumstances and your friend’s specific claim as to why they claim you owe the money will be the relevant points. If, for example, your friend claimed there was in fact an... View More
Our house is for rent not for sell and management knows it's for sell. What can we do when management is Sabotaging the sell
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answered on May 18, 2023
Why do you suppose management wants to sabotage your sale? Is it possible the buyer got confused about the difference between buying your unit and renting the spot in the park?
answered on May 6, 2023
This doesn't sound like a family law matter, the category where it's posted. It's basically a civil litigation matter. One option would be to consult with an attorney about the cost of a collection action. If you're interested in a do-it-yourself approach, you could look into... View More
Have a permit and don't need dual brakes
answered on May 10, 2023
Here is an excerpt from the NYS Department of Motor Vehicles regarding dual brakes...
"If you have a junior learner permit, you may drive in any of the five boroughs in New York City between the hours of 5 AM and 9 PM only under the direct supervision of your parent, guardian, a person... View More
i took out a loan via reddit(im in ny they are seemingly based in canada) 2000cad for 7750 cad repayment in installments
unfortunately with a sick grandmother and being disabled the debt and subsuquent repayments have become crushing i wish i hadnt taken out the loan but i was desperate at... View More
answered on Apr 30, 2023
Usury might be a defense, along with enforceability of the note. Consult an attorney to evaluate your case.
When when I first spoke with him we agree that there was a breach due to the failure to ensure in the loss from the fire. Now he is trying to convince me that it will cost too much money while at the same time no proper appraisal has been provided. He's stonewalling me, I say I understand the... View More
answered on Apr 19, 2023
You're better off retaining new counsel. Have a free telephone consultation with counsel.
Jack
My backyard and home is directly next to the alleyway. They have been running the generator since October 2022, its loud and annoying and is usually on for 7-8 hours daily. The odd thing is, the store is usually closed but the generator is turned on daily. I have lived in my home for nearly 30... View More
answered on Apr 1, 2023
Call 311 in NYC. The Department of Buildings can issue a violation.
I was supposedly served by mail, yet my claim is I was not and there is no supporting documentation to prove it. No affidavit of service , no certificates usps signed return, nothing but an envelope with a return address and no identification on it.
How do you claim service if there is... View More
answered on Mar 29, 2023
In general duplicative motions are not allowed. A motion to vacate or renew might be appropriate. You haven’t included all the relevant information in your question. No attorney should advise you without reviewing the facts and court documents in your case.
Had an agreement with an apartment complex back in 2010. Moved out and didn’t hear from them for quite sometime.
All of sudden started being harassed by a debt collection agency. Asked for them to produce a right of ownership of debt and written contracts. They were unable to do... View More
answered on Mar 29, 2023
You did not state the reason for the failure of your defense, but you are not handling this correctly, and you should really talk to a lawyer if the sum being sought justifies it. You should answer to avoid default, and not re-make the same motion you already lost. Service issues are not relevant... View More
This concerns a 62, a home attendant who worked 10+ years with a special needs individual whose tenant of record mother, LONG WITH HER, resided in a 1930, four family dwelling place in Ridgewood, N. The home attendant lived with this mother daughter team in a non traditional family relationship. In... View More
answered on Mar 25, 2023
You've asked this question in two places--this is a situation where you absolutely need an attorney. No ones position would change much, you have to present the facts of your case in a forum outside of here, retain an attorney of your choice, and handle this issue in Court.
answered on Apr 17, 2023
I'm sorry your question remains open for four weeks. At this point, one option might be to discuss with process service companies or investigation companies that conduct skip tracing and other research to locate people. Good luck
answered on Mar 13, 2023
You could contact them (or their attorney, if an attorney is listed) and notify them of the error. You could also let the issuing attorney know so that they could correct their mailing information. Thank you for taking the trouble to help the parties avert a no-show. Good luck
I moved out of an apartment and the landlord, besides keeping my $630 security deposit, sent an invoice for an additional $1500, all for supposed damages. The damages were for things like paint, carpet, and blinds, all of which were 15 years old because I was a long-term tenant and the items were... View More
answered on Apr 2, 2023
I cannot imagine any collections company getting involved this early without a judgment in the landlord's favor. In Small Claims Court it usually comes down to which side of the dispute the judge or arbitrator feels best presented their case. This is known as prevailing by a preponderance of... View More
I live in New York State. My sixteen-year
old son was at a friend's house. He was a
passenger in the kid's ATV, and another
friend was driving. The driver swerved to
avoid hitting a deer, and the ATV was
totaled. No one was hurt. The parent is... View More
answered on Mar 6, 2023
I'm sorry about the accident. I'm glad that everyone is okay. Unless there are additional details, passengers are not generally liable. However, it would be helpful to know whether a claim was filed with the carrier, and the outcome of that claim. Good luck
I have a default judgment in my favor, against the defendant from the small claims court for lost personal property damages. I have tried contacting the defendant many times and have had the court sent over the judgment many times but he refuses to respond or make any contact. I want to know what... View More
answered on Mar 3, 2023
What you need is a lawyer who can utilize the judgment enforcement devices found in article 52 of the CPLR, the most common ones being bank levies and wage garnishments. The effectiveness of these procedures depends on whether the defendant has collectible assets: this can be determined from a skip... View More
Can a bank sue you if you trespass on their property? I accidentally did it first time and nothing happened.
But then I contacted the executives, and applied +was invited in for an interview, and they said I can come in, when invited for an interview. (Recruiters told me this as well.)
answered on Feb 24, 2023
This is posted under "Criminal Law" but the question involves a civil action. The criminal law attorneys could advise on any criminal aspects, if applicable. I can't advise on that. In terms of the civil aspect of being sued in a lawsuit, it is always possible when entering the... View More
the case was fraud by employee and I need time to find counsel what rights do I have for appeal of judgement or vacant the judgement
answered on Feb 17, 2023
First, if you are a corporation you may not, by law, represent yourself: you need an attorney. Second, you may move to vacate the judgment presenting a reasonable excuse for the default and a potentially meritorious defense to the claim. From the limited information you provided, it seems you may... View More
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