Get free answers to your Civil Litigation legal questions from lawyers in your area.
I have a bank loan I have not made payments on in about 6 months due to reduced income. I currently owe $3970.45.
answered on May 21, 2018
You need to file an answer. You can do so at the Clerk's office yourself, or you can hire a lawyer.
answered on May 17, 2018
If it was in a will, it should be no problem. If it is a pay on death account, you will need to document this issue with a birth certificate.
to file in small claims?
answered on May 11, 2018
You can file in regular court, but why would you? Small claims is cheaper, easier and gives you full relief.
She has been in county jail since last Tuesday (4/10) and is experiencing serious withdrawal from not taking her suboxone. The jail refuses to contact the physician to get the prescription for her, and the physician won't talk to anyone that isn't her because there were no consent forms... View More 
answered on Apr 16, 2018
Have her lawyer redocket the case and get an order from the judge directing the jail to deliver and administer the medication in accordance with the physician s instructions.
Summons & Complaint filed, Default Judgment issued, Motion to set aside and Vacate filed, Traverse Hearing set (no result) bill of particulars sent replied and Defendant sent list of bill of particulars, no response from plaintiff due date past.
she does not have a lease we do not have any agreement on the said amount she is to pay
but she is causing trouble in the home and threatening my 17yr old daughter, a harassment was placed today and waiting on a court date to be set ive tried using the nycourthelp.gov website and am unable... View More
answered on Apr 14, 2018
Get a restraining order in the Criminal Court. A clerk can help you. Then start an eviction case, or if she does not reside there, you can just change the locks. Calling someone a roommate as opposed to a friend makes the case more landlord/tenant like.
My husband is have an affair and left me. We are not legally separated or divorced and neither have been initiated. He wants to come into my apartment that we once shared and take what he wants. Can he do that ?
answered on Apr 5, 2018
Assuming they have the right person, but they have your name wrong, yes you should answer, or you can be in default. You can assert a defense in your answer as to the name if it constitutes a defense. Perhaps the name is one of the issues. But do not default.
The judge in her final judgment only granted me one claim I made for $50,000. But she denied my other 2 claims for $200,000. I am appealing the claims I was denied for $200,000. The defendant did not appeal the $50,000 and is ready to pay the $50,000 but wants me to sign a warrant for... View More
I was never formally served in my first judgment in July 09 and a debt collector bought my debt from the creditor in Nov 2011. I'm under poverty income level, without a car, bank account, credit cards since 2011 and own a townhouse with my wife of seventeen years. Rebuilding my future now,... View More
answered on Mar 28, 2018
The SOL deals with the claim before a lawsuit. Once there is a judgment, the judgment is on the record for 20 years.
answered on Mar 22, 2018
Read the CPLR. It depends on the type of entity and case.
Suing in ny. Last known address of defendant was in Arizona. What efforts to locate would court require before issuing default judgement?
answered on Mar 21, 2018
It is not about effort. You need service as per the CPLR, or there is no jurisdiction. If service is not possible using a regular method, your diligence is part of your motion for alternative means of service.
I lost a small claims. Never received anything in mail about decision. I go find out. Paper they gave me had his name vs nys. Not my name anywhere. However, He now put judgement letter on my steps which does have my name and is harassing me to pay. Telling me he won. It’s Only been a week since... View More
answered on Mar 8, 2018
Sounds like he may be scamming you. Call the court and make sure there is a judgment. If you pay, make sure that you get receipts to prove payment. Money orders are the hardest ways to prove payment, and I would suggest just personal checks.
arty lawsuit settled, and while I understand how the lien goes against payments to me, I am aghast that I had to pay my lawyer out of my share while the insurance company is allowed to offset their share of the legal fees and put them against what they owe me, not only creating a conflict of... View More
The Judge granted motion for summary judgment to the defendant. What is likelihood that I will be liable for the defendant's attorney fees? If I appeal this judgment will the chances that I will be liable for attorney's fees for defendant increase if I lose the appeal?
answered on Feb 23, 2018
Attorneys fees are not a part of any judgment unless a contract says so.
The contract is between a writer and an incorporation for the writer to write an article a week. The contract was first offered in New york where the company is based while the writer from ohio was there to discuss a deal. The company's attorney wrote the contract in New york and the company... View More
answered on Feb 10, 2018
New York, but you could arguably do it in Ohio. If the amount was high enough it could be in Federal court.
I was still in the psychosis I ended up being lost on the streets of the city where I was attacked and sexually assaulted eventually I was taken back to the hospital still in psychosis and kept for 8 days the hospital should never have released me in a psychosis which it was obvious I was in since... View More
answered on Feb 5, 2018
Maybe. Call a medical malpractice lawyer. If they take your case, it is free to you. If they do not, you may have no case.
I’m a pro se defendant in a Federal defamation suit. The case was filed by a former employer who I’ve spoken out against on social media. I’m a college student without money for an attorney so I’m representing myself. I failed to answer the complaint in time & a motion for default... View More
answered on Feb 5, 2018
It is not grounds. Missing a hearing is inexcusable. Either hire a lawyer or do the case, but intentionally defaulting will not be a successful strategy.
I am divorced and I still own 50% of a piece of rental real estate. The divorce was 8 years ago. I would like to sell the real estate. The other person will not agree to sell or buy out me out. What are my options?
answered on Feb 4, 2018
If you are unable to resolve it amicably, you would bring an action in partition which is a forced sale of the real estate.
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