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New York Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for New York on
Q: What would allow an officer to search the car? (details below)

if a man is suspected of terrorism and is running down the street with a plastic bag then places that bag in a car, What allows the police to search the car with no search warrant? The police searched the whole car and found explosives in the trunk. As a prosecutor what will allow me to admit this... View More

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2018

If this question was posted in the criminal law section, it could stand a better chance of being seen by criminal law attorneys. This is a Fourth Amendment search and seizure issue that criminal attorneys would be knowledgeable about.

Tim Akpinar

1 Answer | Asked in Civil Litigation for New York on
Q: If a fraudulent bank foreclosed on my home and sold it to someone else, don't I still own it?
Michael David Siegel
Michael David Siegel
answered on Sep 25, 2018

What is a fraudulent bank? If there was a court case, you were served, and you failed to respond, you do not still own it.

1 Answer | Asked in Business Law and Civil Litigation for New York on
Q: Can a BOD of a NYS C corporation sign or commence a affidavit against the corporation it’s serves under rule CPLR 3212

Can elected BOD of a corporation give a affidavit for a motion for summary judgment against the corporation is served under CPLR 3213. Is this a conflict of interest under section 7 of Business law

Michael David Siegel
Michael David Siegel
answered on Sep 13, 2018

Not necessarily. It depends what the complaint is about.

1 Answer | Asked in Civil Litigation for New York on
Q: I now have a civil execution against me for non payment of a lawsuit that was paid what do I do?

I was ordered a year ago to pay a total of $435 directly to the creditor, I paid that over 3 checks, 2 were cashed totaling $235 the 3rd was never cashed, now the creditor has gotten a civil execution from the sheriffs for the full amount of $435 + fees. The sheriffs saying nothing they can do even... View More

Michael David Siegel
Michael David Siegel
answered on Aug 31, 2018

Although a pain in the butt for a small amount, you have to make a motion to have the judgment deemed satisfied. In theory, the creditor has to pay your fees, as you paid the judgment.

1 Answer | Asked in Civil Litigation and Elder Law for New York on
Q: My mom inherited 1/2 of a house in 2008.

My mom, and her nephew inherited a house in 2008, mom died in 2015. Recently, I found out that my moms' nephew sold the home April 2018, without my dads knowledge. Isn't my dad still entitled to her half of the proceeds from the sale, even if my mom is deceased. As of today her nephew... View More

Michael David Siegel
Michael David Siegel
answered on Aug 25, 2018

It depends on how the deed was drawn. If it was with right of survivorship between the two then no. If tenants in common, then you are right. Look at the deed and see how it was done.

1 Answer | Asked in Civil Litigation for New York on
Q: Wallmart accuses me of something I didn’t do and I got locked up for it

Was in Walmart with a guy I know he bought some stuff at self checkout which was about 650$ and forgot to pay for a mat that was under the cart due to cart was full while he paying I’m sitting about 25 feet away waiting on my phone he pays and is walking to the door I get up to leave also and... View More

Michael David Siegel
Michael David Siegel
answered on Aug 25, 2018

Whether you are charged now is up to the DA, not Walmart.

2 Answers | Asked in Civil Litigation for New York on
Q: Can you settle a civil lawsuit at any time? Or is there a certain point at which you must proceed with litigation?
Michael David Siegel
Michael David Siegel
answered on Aug 25, 2018

Settlement and proceeding proceed on separate tracks. You can settle anytime, but the docket keeps moving and eventually you are up for a trial.

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1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: How does the child support collection agency that operates under the executive branch magically become judicial ?

They keep sending me &/or serving me papers..after I already told them I'm not interested in doing business with them & that I don't concent to any of it..& they still keep harassing me. Cease & desist letter was never answered & just ignored obviously. I'm ready to sue them .

Michael David Siegel
Michael David Siegel
answered on Aug 8, 2018

Boy do you have no clue how this process works. Get ready for jail. Ignore them at your peril.

1 Answer | Asked in Civil Litigation, Personal Injury and International Law for New York on
Q: If I was injured in a Mexican hotel owned by a Spanish company, what type of law firm should I seek?
Richard Sternberg
Richard Sternberg
answered on Jul 24, 2018

Unless the Mexican hotel or some other potential defendant, depending on the cause of the injury, has assets in the U.S., the type of law firm you need is a Mexican one. It is possible in many cases to get jurisdiction for actions that occurred in the U.S., in which case, you might consult an... View More

2 Answers | Asked in Civil Litigation for New York on
Q: I signed a contract with a contractor and gave deposit for an addition to be put on our house on May 13.

The contract states “ job can start in 8-10 weeks”.

That will be this Saturday. I’ve unfortunately had minimal contact with him because he’s not returning my phone calls. Can i legally get out of the contract if nothing starts by Saturday?

Thanks

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jul 18, 2018

Well, first off, just because Something is written doesn’t necessarily make it by then… In fact, in most cases oral contracts are just as legally binding as written ones. In both cases, however, if a “material term of the contract” is breached, and no harm will be bestowed if the contract... View More

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2 Answers | Asked in Civil Litigation for New York on
Q: I have an old 2009 case I re-opened for non-payment. Hired a PI to find person, learned they moved to Virginia ~2yr ago

Want to add PI fee's to case; PI I hired and others I inquired all said fee's can be reimbursed by defendant if request it to court. NY court clerk says no, maybe VA will do. VA court clerk says NY court would need to add on since fee weren't part of orig judgement. Trial judge on... View More

Michael David Siegel
Michael David Siegel
answered on Jul 10, 2018

You cannot add this to the judgment without a motion in New York. Honestly, it is a big bureaucratic process, and you will only get it if the contract you are suing on has costs of collection included. If this is not a contract case, you will not get it.

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1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Collections for New York on
Q: i have a friend who owes me money. i had her sign a reciept from the atm and on it stating the terms. do i have a case

terms state to pay back by dec 2018. she lost her job due to drug problems. i want to know if i should seek legal advice and file a claim NOW or wait till after december to see if she actually pays anything back. we have been best friends since we were 8 (now 28) and she is going through a tough... View More

Michael David Siegel
Michael David Siegel
answered on Jul 1, 2018

Save the document. If the terms say December that is the due date. There is no default yet. You can sue in small claims for this.

1 Answer | Asked in Personal Injury and Civil Litigation for New York on
Q: I filed suit for a friend, I'm a jailhouse paralegal, I found a flaw, his wrongful confinement claim is solid, Reply?

Court of claims petition has already been filed and will be heard August 1st 2018.

Greaves v. State, 2011 slip Op 21473 is the most useful example for his issue. This argument is very solid and easily winnable and I'm trying to help this person obtain a lawyer to finish what has been... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 14, 2018

I'm happy to consult you and/or your friend free of charge; my cell phone # is 914-912-1555.

What legal argument (technicality/"flaw") are you referencing in the above opinions? Also, note said opinions are not binding caselaw, but rather persuasive precident/caselaw....
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1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: I’m a New York State resident. Am I able to sue MSI Computers in my local small claims court? MSI is a Taiwanese company

MSI is a Taiwanese company with its US headquarters in California. They sell their computers through Best Buy and other retailers present in New York State. I would like to sue MSI because firmware I downloaded from their website crippled my computer and I believe they are responsible for providing... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 14, 2018

You can try to sue anyone in any court; but not necessarily with success. In this case, the small claims court lacks personal jurisdiction over the alien company, located in California. Also, what are the damages? If more than $3000 in villages and towns or $5000 in cities, the small claims court... View More

1 Answer | Asked in Civil Litigation for New York on
Q: In NY, am I able to sign a settlement agreement with a stipulation to vacate a confession of judgement?

I signed a COJ and and only afterwards found out that it would negatively affect my credit. I was told that if I sign a settlement agreement I can still pay the money I accept liability. Plus if there is a stipulation for vacating the original COJ then it won't hurt my credit.

In more... View More

Michael David Siegel
Michael David Siegel
answered on Jun 8, 2018

Having a delinquent debt marked settled will still hurt your credit, but not has much as a recorded judgment on the public record.

1 Answer | Asked in Criminal Law, Immigration Law, Civil Litigation and Sexual Harassment for New York on
Q: In real , Will be he charged as crime and could prevent him to enter Poland again ?

My son had relation with a girl from Poland , once they argued and he threat to send their pics to her husband but he didn't mean it . (was anger moment ).

NB : this threat happened by Facebook while he here.

Carl Shusterman
Carl Shusterman
answered on Jun 2, 2018

This forum is for US immigration law. Your son should consult with a Polish attorney.

1 Answer | Asked in Civil Litigation for New York on
Q: If I receive a fee with subpoena to appear and then the court case is cancelled do I need to repay the $15 fee?

Can you point me to where in state law it says that. I am actually being taken to small claims by someone who wants his money back, and without to much detail I want to give this guy NOTHING!!

Michael David Siegel
Michael David Siegel
answered on May 24, 2018

No

1 Answer | Asked in Civil Litigation for New York on
Q: My corporation was dissolved and I am on the lease as the guarantor can I defend myself pro se without the corporation

Without the corporation having legal representation

Michael David Siegel
Michael David Siegel
answered on May 23, 2018

Yes.

1 Answer | Asked in Civil Litigation for New York on
Q: I received a summons for a bank loan that I have not paid on in about 6 months due to lack of income. How do I proceed?

Loan amount is for $3970.45

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 21, 2018

Hire an attorney to write a cease and desist letter stopping the collection of the loan and/or wait until the sue you and then fight it out.

With a c & d letter and an attorney communicating with them, you should be able to make a good deal to pay it off for way less than half and you...
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