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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: Can I be served papers that are dated 3 months back?

I was served papers by a debt collecting law firm, but the papers are dated December 30th, 2019, the Filing date is March 9th 2020, today is June 20th, 2020. I found the papers on my mailbox.

I don't know if these papers are valid, I have never spoken to this firm and we have never... View More

Michael David Siegel
Michael David Siegel
answered on Jun 20, 2020

Due to the PAUSE order of Gov. Cuomo, all deadlines for service were tolled, meaning based upon your post, service is valid "nail and mail" service. Do not ignore the paper. File an answer, and then negotiate with the attorney.

2 Answers | Asked in Civil Litigation for New York on
Q: Does every civil cause of action have a statute of limitation in NY?
James Avery
James Avery
answered on Jun 18, 2020

Yes, there is a 6 year catch-all statute which applies if there is not a specific one.

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1 Answer | Asked in Consumer Law and Civil Litigation for New York on
Q: In the USA (specifically, NY and/or CA), what is the procedure to access court records to research caselaw?

In the USA (specifically, NY and/or CA), what is the procedure to access court records to research caselaw?

Can anyone directly see any court records on the court websites, or is there a different type of procedure to request documents? Do you need some type of credentials to view... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2020

There isn't really a formal procedure. A California attorney could advise about the systems used there. In New York, you could access decisions on the website of the Unified Court System. Additionally, there are databases such as PACER where you can find cases. About your other questions, yes,... View More

2 Answers | Asked in Civil Litigation for New York on
Q: How can I find out the name of an insurance company for a certain business.

In October of 2019 I took my vehicle to an express lube to have my oil changed and the the person who put the oil into my vehicle overfilled my engine with 4 quarts more than it should have held. The extra oil caused my engine to shut down and the engine had to be replaced. The owner of the express... View More

George E. Patsis
George E. Patsis
answered on May 30, 2020

This information is not always publicly available. You may be able to obtain insurance information from the DMV if it is a licensed shop.

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1 Answer | Asked in Civil Litigation for New York on
Q: Arears after 6 years was 5 figures. I’ve been on public assistance for 7 years, will they reduced it to $500

What proof do I need to show I never could afford the big amounts they claimed I owed? I was in the nyc shelter the whole time.

George E. Patsis
George E. Patsis
answered on May 30, 2020

What kind of arrears are you talking about? If it is child support or spousal support arrears, you cannot retroactively modify those.

1 Answer | Asked in Civil Litigation, Personal Injury, Social Security and Workers' Compensation for New York on
Q: is my wife entitled to any part of my Veterans Disability & Workers Compensation?
George E. Patsis
George E. Patsis
answered on May 30, 2020

Are you divorcing? Please re-post with more details.

4 Answers | Asked in Civil Litigation and Bankruptcy for New York on
Q: I want to know the negative financial consequences of deliberately allowing a lienholder to repossess my vehicle to me

A Ch. 13 conversion into a Ch. 7--Bank wants back $2800, and really gouged me on monthly payments, increasing from the prior agreed on rate of only $115 a month payments (the Ch. 13 Trustee won that). No more need for this 11 year old vehicle which is now worth market value of only $1700 at most.... View More

Karra Kingston
Karra Kingston
answered on May 26, 2020

I’m not sure if your in bankruptcy now or not?

If you are not in bankruptcy and they repossess your car they can sue you or garnish you. You can give up the car in a chapter 7 bankruptcy and not be liable for it? If you are no longer in bankruptcy and you give up the car they can not...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for New York on
Q: Landlord files a lawsuit in 2017. Never sent me any notice and its 2020. How can i get this cleared from my record?

In 2016 I lived with roommates and moved out the following year. I did not renew my lease and one roommate ended up staying. I returned my keys to the landlord and even wrote a nortarized letter stating i will not be returning, as per their request. Fast forward to 2020 i learn that they had filed... View More

Michael David Siegel
Michael David Siegel
answered on May 14, 2020

If there is an existing judgment, and you never knew about the case, and you have a return of keys defense, you can move to vacate the judgment. I charge $800 for this motion if it is in Civil Court in NYC.

1 Answer | Asked in Banking, Civil Litigation, Identity Theft and Stockbroker Fraud for New York on
Q: What should I do? My account is frozen cause I was given fraud checks and bank took my money when they decline the check

So I was given two checks for a side job I deposit it to my account and they decline next day I was called that the check’s were fraud but they bank never gave me the money. I gave them the emails and address of where I gotten them and they froze my account. When I login into my account I had... View More

Michael David Siegel
Michael David Siegel
answered on May 14, 2020

If you never got the money and the checks were declined, the bank must suspect you for fraud. There is something not right but if the whole matter is over $110 there is little a lawyer can do. When the courts reopen, make a small claims suit.

1 Answer | Asked in Civil Litigation for New York on
Q: If people invest in me and I reinvest back in them is that illegal?
Tim Akpinar
Tim Akpinar
answered on Apr 27, 2020

This sounds like a question that may be better suited for a consult with an attorney (rather than a quick, short answer here) in terms of exactly what is meant by investing in someone, whether it involves providing business loans, grants, credit, or other forms of backing one could consider... View More

1 Answer | Asked in Civil Litigation for New York on
Q: can my father stil collect his judgement from 2010

my father got a notice 2011 he won a default judgement against hud 'it was on line at one time lawyer told him to come to court . day of the courtdate he was told dont come the jude cancel the case 2017 i got documents from the court i found judgement was change from hud to jamaica housing... View More

Michael David Siegel
Michael David Siegel
answered on Apr 13, 2020

If there is an entity to collect from he can collect it for 20 years from the entry of judgment. If the defendant is defunct, then there is no way to collect now.

1 Answer | Asked in Civil Litigation and Civil Rights for New York on
Q: Can a lawyer help me sue the NYCTP and NYPD for continuously harassment and my minor son?

After my ex husband failing to get me deported. He went ahead and made false allegations about me and my minor son to the police. We are always being harassed like criminals. We are labeled thieves in the stores despite the fact that I have no criminal history. My ex is NYPD retired detective so he... View More

James Avery
James Avery
answered on Apr 2, 2020

Local police corruption can be reported to the Dept of Justice (FBI).

1 Answer | Asked in Civil Litigation for New York on
Q: Suing for intentional tort can I introduce evidence that he was convicted of harassment violation in the civil trial ?
Tyler Young
Tyler Young
answered on Mar 10, 2020

Your question is a little unclear. I have several questions. Are you suing for an intentional tort? What tort? Is "he" the defendant? When was the harassment in relationship to the timing of the intentional tort? Who was harassed? Were the circumstances in any way similar to the... View More

1 Answer | Asked in Traffic Tickets, Child Support, Civil Litigation and Civil Rights for New York on
Q: Can the law force siblings to care for their parents in Puerto Rico ,if the siblings don’t live in PUERTO RICO?
Tim Akpinar
Tim Akpinar
answered on Mar 7, 2020

This is something that an attorney who practices in Puerto Rico would know better than a New York attorney. You could repost under Puerto Rico (look for the link for other states), and one of the attorneys in that section could have better chances of seeing your question. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Collections for New York on
Q: I got served with a summons to appear for unpaid debt but I'm broke. Wher do I turn? Specialty?

Collection agency. I have a slew of medical bills I also can't pay.

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2020

You could check with the Legal Aid Society. If the collection defense help you need is not within their scope of assistance, ask them if they have recommendations for other resources. Additionally, you could contact a bankruptcy attorney to learn more about your rights in that regard. Many offer... View More

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for New York on
Q: can you get fired for lying about your HIV status?
V. Jonas Urba
V. Jonas Urba
answered on Feb 19, 2020

The most important question is where, when, and why you were asked about that?

Then, whether that question was directly related to your job duties and how you would perform your duties with precautions, if any, as required by law.

Then, if the question were asked at the appropriate...
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1 Answer | Asked in Banking, Civil Litigation and Consumer Law for New York on
Q: Can a bank take my moms money out of her account to pay my loans without permission, but said they did? They did not

I am three months over due in my loans. My mom and I are members of the same credit union. She is not however, a cosigner on any of those loans. They took $500 out of her account to pay it. Upon calling about it, they stated I gave them permission. I most certainly did not, not even close! My mom... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 13, 2020

The only explanation is that you are a signer on one or more of your mother's accounts at the credit union? Otherwise they are not supposed to do what you say they did.

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: My fiance and I recently split up when we were together I purchased and paid for a mobile home for us her name

Is on the title due to park regulations. She wants me to buy her out for 2000( roughly half purchase price). She did not put money into it or towards it. She is trying to tell me she will force me to sell the mobile home if I don't pay her 2000. I am the primary on the title and still live... View More

Mathew Paulose Jr.
PREMIUM
Mathew Paulose Jr.
answered on Feb 13, 2020

Greetings. New York's heart balm act (Section 80-b of NY's Civil Rights Law) allows individuals to sue for return of property given to a fiance in contemplation of marriage. Common examples include return of an engagement ring, a house, a car, a fur coat, etc. The court will direct the... View More

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: I've broken up with my live in partner and have signed a contract to purchase a boat ( loan in my name) .

He wants to pay me monthly for the loan on the boat as well as some credit card debt that I have on my card that's his.

Should I get this in writing, or is it too late. The boat has not been delivered yet and we are still on speaking terms.

Not sure if we will get back together... View More

Michael David Siegel
Michael David Siegel
answered on Feb 11, 2020

Definitely get it in writing. And if you cannot get out of this boat deal make sure you are on title. Otherwise you will have a debt and no boat.

1 Answer | Asked in Civil Litigation for New York on
Q: My neighbor put a blacktop driveway about 15 feet on my property what course of action can I take. What article in civil

Court (new york) can I use?

Michael David Siegel
Michael David Siegel
answered on Feb 6, 2020

It requires a declaratory judgment action in Supreme Court.

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