Get free answers to your Civil Litigation legal questions from lawyers in your area.
I have been harassed and tortured me and my wife by my previous neighbor and I know his name as well
answered on Jul 8, 2024
There have been a small number of lawsuits filed by litigants alleging "remote neurological monitoring" which have been universally dismissed on various grounds. In many cases, litigants are unable to prove that they are a victim of "remote neurological monitoring" or that... View More 
The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.
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answered on Jun 22, 2024
To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:
1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or... View More
My ex fiancé moved out when I was at work and moved across the country. I texted him to come get his stuff and the ring but no answer. Then he blocked me. It has been a month. He also stopped paying rent and removed himself from the lease. How long until I can sell the remaining items he left... View More
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answered on Jun 13, 2024
First, check your state’s laws on abandoned property to determine how long you need to hold onto his items before you can legally sell them. Generally, you might need to give written notice and a reasonable period, like 30-60 days, for him to reclaim his belongings. Document your attempts to... View More
My aunt was finally approved for SSDI at the end of 2023 and started receiving monthly payments in January 2024. She hasn't worked in 10 years and SSD is her only source of income (there's no pension, no IRA, no anything else). Her savings are long gone and she's been living on... View More
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answered on Jun 5, 2024
In general, Social Security Disability Insurance (SSDI) benefits, including lump sum back payments, are protected from creditors during bankruptcy proceedings. This protection is provided under federal law, specifically the Social Security Act, which exempts these benefits from bankruptcy estates... View More
My aunt was finally approved for SSDI at the end of 2023 and started receiving monthly payments in January 2024. She hasn't worked in 10 years and SSD is her only source of income (there's no pension, no IRA, no anything else). Her savings are long gone and she's been living on... View More
answered on Jun 5, 2024
Most disability payments are exempted from inclusion in the bankruptcy estate and thus protected under the Social Security Act. Additionally, on the state level (thus potentially obviating the need to file bankruptcy), the New York Exempt Income Protection Act exempts disability payments from... View More
I leased the SUV using my company Violet River Inc. in December 2021. My business stopped operation when the other owner exited in December 2021. There was no employee, except me seasonal in quarter four. Between the lease time (1/2022 - 1/2023), the leased vehicle was used primarily for personal,... View More
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answered on Jun 3, 2024
To determine where to file your case, you need to consider the nature of your lease and the primary use of the vehicle. Since the SUV was leased under your company name, Violet River Inc., but used primarily for personal, family, or household purposes, it may qualify as a consumer lease under 15... View More
As an independent contractor I am to receive 80% employer has taken more than 20% over 10yrs. Backpay owed $33k
Maurice C
answered on May 28, 2024
Either you are an independent contractor or an employee - you can't be both at the same time. And whether you are one or the other depends on the details of your job, not what you and/or your boss decides you are. You should give me a call to discuss this. If you are actually an employee,... View More
How do I force them to renew my lease? How do I get out of paying them anything or at least anything until they renew my lease? The apartment and building have had terrible conditions including no gas for months unreliable heat and hot water, dangerous elevator constantly out of service, in... View More
answered on May 11, 2024
Dear Manhattan Tenant:
I do not know what you mean by treating it as a Civil case, not a landlord and tenant case. If the lawsuit seeks eviction because the lease expired and the landlord provided written notification as required by NYS Real Property Law Section 226-C, that is still a... View More
What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?
answered on May 11, 2024
There are attorneys admitted to practice before the Supreme Court who deal with these issues regularly. Certiorari is a means for the Court to select cases. It could be helpful for such an attorney to review your case for meaningful guidance. In general terms, constitutional provisions are those... View More
What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?
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answered on May 1, 2024
In a writ of certiorari petition from the US Supreme Court, the term "constitutional and statutory provisions involved" refers to the specific parts of the Constitution and any relevant laws that are applicable to the legal issues being presented in the case. This includes any... View More
My roommate is the leaseholder, I’m not on lease, we had a falling out and I’m trying to leave as soon as I can but I’m delayed, she has given me 6mo already hasn’t asked for rent and I appreciate that, but she’s fed up now and said she’s going to put my stuff in storage and change the... View More
answered on Apr 29, 2024
Dear Brooklyn Roommate
What more of a deterrent do you want on top of an arrest? A letter from your lawyer to suggest that there is a risk of a civil lawsuit for unlawful eviction?
Of course you don't have to move even if you are not paying rent. Your lawyer could convince... View More
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
answered on Apr 30, 2024
Section 221.2 of the Uniform Rules sets forth the circumstances in which you can refuse to answer a question at deposition.
A deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an... View More
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
answered on Apr 25, 2024
From the categories you chose, it appears this is a civil case that involves a motor vehicle accident. The concept of refusing to answer questions on self-incrimination grounds is generally associated with criminal matters, in terms of the Fifth Amendment protections. In civil cases where an... View More
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
answered on Apr 25, 2024
Addendum - a religious basis could be raised if the questions dwell on religious elements that have nothing to do with the accident case. Good luck
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
answered on Apr 25, 2024
The bottom line is for most personal information, no you cannot.
While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.
Ilooked upcase law in new york Holser v
geerlott 2021 . I hired a guy to cut the trees down and i recieved $1630 dollars for the logs. Now my neighbor had a new survey done and the one stake does not match were my stakes were.I have 7trees then that were cut just over on his line. now... View More
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answered on Apr 17, 2024
Crazy that you should ask this question right now as a I prepare to go to a full jury trial for the removal of brush on a lot. Google RPAPL 861. The problem is that sometimes you can be liable for trespass, treble damages and punitive damages, depending upon the allegations and proof. You... View More
I have difficulties in understanding some pages, such as: 1)related cases 2)in the table of authorities cited on part that asks cases 3)statement of the case. These are the 3 that I have difficulties in understanding, in which, I have to make sure that I fill it out correctly or it will get... View More
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answered on Apr 17, 2024
The questions you are asking are very basic, and the fact that you have to ask them suggests that you should not be attempting this appeal to the U.. Supreme Court without legal representation.
Q. what does related case mean? A. related cases" means other cases that you are involved... View More
I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More
answered on Apr 19, 2024
Sorry to hear what happened to you. In New York, you can only recover for negligent infliction of emotional distress where the behavior in question is extreme and outrageous. An actuarial error relating to your payroll deduction likely does not likely qualify.
I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More
answered on Apr 16, 2024
I'm sorry for your ordeal. It's difficult to say with certainty whether the consequences you suffered from the payroll deduction would present the basis for a strong case. Although it's clear that you suffered here, and such damages are always part of the recovery inventory in a... View More
I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More
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answered on Apr 23, 2024
In New York, an employee may be able to sue their employer for negligent infliction of emotional distress (NIED) if the employer's negligent actions caused the employee to suffer severe emotional distress. However, succeeding in such a claim can be challenging, as you would need to prove the... View More
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