Get free answers to your Civil Litigation legal questions from lawyers in your area.
While she was being treated for cancer the ceiling collapsed on her.
answered on Jul 6, 2019
It should be searchable online, but you can go to the court and speak to the clerk.
I pawned my stereo for $125 with the understanding that I would be back to pick it up within 7 days. I called on the 4 day and was told it got sold a few days prior. He not only broke out deal, but he broke state law by selling the item before the 5 day minimum wait time. I have a witness to the... View More
answered on Jun 7, 2019
The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."
answered on Jun 6, 2019
Even better, there is a statute. You need to get something called a commission, which is a special proceeding in the state where the witness lives, based on an order from the NY court.
I was recently qualified through NACA for a mortgage. I paid for a home inspection, I got a contract of sale, and I hired an architect (all out of pocket). The rehab specialist I was dealing with was extremely negligent in returning calls and emails. It took her a week to contact me back and sp I... View More
answered on May 31, 2019
As you just found out, tor all practical purposes the answer is yes. BTW: The lesson just learned--about what happens to many people who have bad attitudes when dealing with other people who can pull the rug out from under them--is much more valuable than you think. As Archie Bunker used to say to... View More
During my civil court trial in Manhattan on 5/17/19, the judge was yawning the entire time of the trial. We were also never sworn in before. When I was giving my testimony, she repeatedly cut me off and was abrasive and dismissive. At one point, the judge replied: what's to say you don't... View More
answered on May 30, 2019
So this is one of those times you should have had a lawyer instead of doing it yourself. You can appeal, but factual determinations are only overturned on an abuse of discretion, which is very hard to show. Also, to appeal, you would need to order the full transcript, which will be several... View More
Erected a fence recently barring me from entering my own family property
answered on May 11, 2019
If the name is on the deed, she is not a stranger. Whether it got there legally is the question. I do not understand the judgment point.
Court Order was received a few days ago re distribution amts. to the parties. Plaintff now represented by his estate, no mention of estate in the Order. Distributions are to "plaintiff" and "defendant". Also, parties were given an initial distribution amt of $10,000.00 each,... View More
answered on May 4, 2019
File a motion for reconsideration based on error. An appeal will not likely succeed as if the court intended the wrong result, the wrong result will stand.
I was leasing a yellow taxi medallion from a broker. The car title is under my name and financed by Toyota. The insurance is under the name of the medallion owner. The medallion got repossessed by the bank. My car has been sitting for over 3 weeks and the broker has not put the medallion back on... View More
answered on Apr 15, 2019
This Justia site is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or... View More
answered on Mar 30, 2019
It cannot do business unless it is re-activated, which requires filing the unpaid fees and a penalty.
Im also being told I cannot fight this.
answered on Mar 28, 2019
It depends where the judgment was entered, how long ago, and when you first found out about it.
Will subsequent actions seeking to collect judgements against the debtor automatically assume the liability rests with the shareholder and not the alter ego? Or will plaintiffs have to make motions again, but use previous judgements as precedent?
since July 2018 he was paid according to contract $14,500.00 he took the money and disappeared did not do any work only demolished the bathroom and fled he was not answering any calls or emails. The designer took the wall unit with had a locked drawer in it my CC/Check book i /pocket book idrawer... View More
answered on Mar 1, 2019
You can sue both, and see what settlement or judgment you can get.
Ocwen has a record that it's paid, but won't give us a copy of it. Title company requiring satisfaction and payoff check to release funds, they are not available to us, Mom is deceased. Title company knows that ResCap/GMAC went bankrupt. Ocwen has no legal obligation to provide a... View More
answered on Feb 28, 2019
If I understand you post correctly, you may need to do more than file a motion in bankruptcy court. Instead you may have to commence an action to quiet title.
The vent blows air into my apartment instead of withdrawing air as it should. Consequently, the whole apartment often fills several times a day with unpleasant cooking and bathroom smells from elsewhere in the building. My email records show that I have been complaining since 2008, sometimes... View More
answered on Feb 25, 2019
If you are the owner of a condo unit, you do not have a typical landlord/tenant relationship with the board as you would in a coop apartment. Therefore, abatement may not be the correct term to use. If you want the situation corrected, you will need to have the formation documents carefully... View More
Property partition, Supreme Court Civil. Court appointed transactional attorney at hourly rate for conducting private sale of property (not foreclosed/not auctioned). Is the process by which such attorney submits his fee application done by Notice of Motion and Affirmation of Application submitted... View More
answered on Feb 23, 2019
Generally applications to the Court are made by Motion or Order to Show Cause. If there was a Stipulation of Settlement, it is possible that a different means of resolving disputes was provided for.
I bought the judgment and an assignment was filed but the captain was not amended, now the defendant tries to vacate the judgment, I tried to remove the attorney on record who filed the case, but I can not find him.
answered on Feb 20, 2019
You do not have to remove an attorney for post-judgment litigation. An engagement ends with the judgment. However, when you buy a judgment you buy it with any impediments, including that it might be vacated.
Is the client entitled to notes, internal memos, documents and other background materials that was prepared or used in providing advice to the client?
answered on Feb 15, 2019
If there is a bill outstanding, you get nothing without a court order. You do not get attorney notes and internal memos, but you get all pleadings, letters, emails, and discovery materials. The attorney will hand it over when someone else appears in the case for you.
i was wrongly accused by a neighbor and falsely arrested, i have that neighbor on camera falsely calling 911 even though the cases have been dismissed they continue to threat me. i want to sue so they can at least stop targetting me, 1-how can i get the police to investigate because i walk around... View More
answered on Feb 4, 2019
An investigator may be able to help you with the license plate numbers, or alternatively you can request public records via the DMV. As for false arrest or defamation of character, you might be able to sue if the facts support your allegations. More details are necessary to provide a professional... View More
New York State: A number of discussions on traversing on frozen water exist. The DEC discusses safety issues for recreation users like anglers. The Parks and Recreation statutes discuss the use of snowmobiles. The NYS Snowmobile association discusses training, risks, and safety measures that a... View More
answered on Feb 4, 2019
First, don't put you email up ---ask Justia to take it down.
I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at... View More
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