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... Read 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... Read 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... Read 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... Read 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 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 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... Read 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... Read 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... Read 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... Read more »
Under disability w/ad litem appointed, can I petition to be heard by judge, conference, or written statement, if my disability is minor (ADD) and I disagree with ad litem's actions and coercive requests for waiver liability. Spendthrift trust, cash poor,no homeowners insurance(!?!#), failure... Read more »
answered on Feb 17, 2023
Can you petition Surrogate's Court to terminate your guardianship? Yes. Under New York's Mental Hygiene Law § 81.35, the incapacitated person can commence a proceeding to remove his or her guardian. Will you be successful on your own? Unlikely. You'd be better off retaining... Read 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... Read more »
answered on Feb 11, 2023
More information is needed. Can you produce any inventory for the property that was lost? Do you have a way to value these items? You need to have an attorney take a look at the contract and also run an investigative profile on the moving company. Only after doing doing this homework can you... Read more »
My truck was stolen and recovered 5 days later after being used in multiple strong arm robbery’s , I’m mentally unable to drive the truck knowing what has happened with it while stolen and am worried the insurance company’s acv will be less then what I owe /purchased for ,i would not be able... Read more »
answered on Feb 9, 2023
Unfortunately, this has been common due to the recent spike in vehicle costs. Short of exploring whether there are cost-effective options with a civil litigation attorney, you could try presenting prevailing figures for similar make, model and year trucks in the downstate region. Good luck
on a greyhound bus going from nyc to raleigh, i had noticed odd behavior from a group of passengers. once I saw that this group was passing objects up the aisle like clockwork, i muttered under my breath 'theyre robbing people in plain sight'. the man, who was next to me, was involved in... Read more »
answered on Jan 31, 2023
Unless you can identify the passengers who robbed you, you do not have many options apart from reporting the matter to the police (which you did). With regard to legal action against Greyhound, the actions of the bus driver (assuming them to be true) clearly fall outside the scope of his... Read more »
will this stand up in court? i am paying her back for my bills but she is saying she venmo me 9000 dollars and i only used 3k which i am paying back because she helped me during the pandemic
answered on Jan 29, 2023
Whether you owe her in a "moral" sense, versus a "legal" sense in that the funds were a provable, enforceable loan obligation, depends on a review of the situation by an experienced New York contract litigation attorney. Feel free to contact an attorney of your choice to... Read more »
What are the steps I need to take to get the judgment as he is not paying voluntarily. Thank you
answered on Jan 24, 2023
Your options are found under Article 52 of the Civil Practice Law and Rules, which contains most of the judgment enforcement devices in New York. The most common devices are bank levies and wage garnishments. These procedures involve you preparing paperwork called an "execution levy," and... Read more »
We ran a trucking business. I pit the vehicles in my name and he operated them. I didnt know he acquired 3k+ in tickets and toll in NY/NJ. I've paid some of them but I'm struggling financially, while still paying the insurance debt.
answered on Jan 17, 2023
You can sue him in small claims court for indemnification. This doesn’t release you from your obligation to repay the tickets, but if your suit is successful, you can seek a court order that your partner reimburse you for these charges. Of course this depends on your ability to bring proof of the... Read more »
Removal company’s insurance. I had just paid off my vehicle when this incident happened.
Can a lawyer be able to recover the monies that I still have to pay out of pocket due to this incident?
answered on Jan 10, 2023
It could depend on what the out-of-pocket expenses are. If they were related to medical care or lost wages, no-fault would pick that up. In terms of other property damage-related expenses, it could depend on settlement terms. If you signed a release in consideration of monies received, the terms of... Read more »
In Ref: EF2021-0863, Tompkins County. In a complicated Civil Lawsuit of an Absentee Landlord against Rental Management Agency, and therefore its two vulnerable tenants, The Supreme Court has referred the case to Civil Mediation Court for ADR for settlement.
One of the... Read more »
answered on Jan 12, 2023
Good day. You did not mention your relation to the tenants, the litigation, and the property. But you are a defendant, united in interest with your co-tenant, also a defendant, you were represented by Legal Services counsel, your counsel was permitted to be relieved of the... Read more »
I made a mistake on a spreadsheet which caused pricing to be off by a few percent. I submitted the pricing sheet to the company. The company uploaded into their system and then approved all Purchase Orders from customers with the mistaken pricing (I did not approve any PO's). The company is... Read more »
answered on Dec 27, 2022
It depends on your agreement, which it appears in itself might be hard to prove.
I've had items in storage w/ a company in Canada since the pandemic. I asked them to ship them to NY home & have asked for months. I asked for a quote on multiple occasions, they gave me one but I couldn't afford it then. With the most recent they sent me an email saying they were... Read more »
answered on Dec 23, 2022
The answer will depend on the terms of the agreement. Moving or Storage Companies usually place a cap in the amount of their liability in case the items are lost. The agreements usually require the customer to secure insurance to cover any damages in excess of this cap.
If the value of the... Read more »
Case Information: The case should be brought under the US Code 1681(b) (I) & (n)
answered on Dec 18, 2022
The first thing you need to understand before considering a lawsuit against the credit bureaus is the administrative law concept of “exhaustion of remedies.” This essentially means that your case would be dismissed for lack of standing for failure to complete all internal appeals that the... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.