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New York Civil Litigation Questions & Answers
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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

Mathew Paulose Jr.
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... Read 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... Read 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.

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Civil Rights for New York on
Q: Will I be criminally charged?? What to do? Please help!!

I work as a cashier in a pharmacy, last week I had LP investigating me for theft and lost prevention.

Long story short, I used my non discount card for customers which accumulated coupons that I used for personal purchases. The amount estimated was $100. In my statement, I admitted the... Read more »

V. Jonas Urba
V. Jonas Urba answered on Feb 6, 2020

An employment lawyer would carefully review your employee handbook before advising you. This could be completed remotely. You would call and discuss more details, you and the lawyer would agree to a flat fee for such review and legal advice regarding options, and everything including payment and... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for New York on
Q: I am Italian but I have a curiosity about American law

I am Italian but I have a curiosity about American law: In Italy, when someone is the person damaged by the crime who intends to assert his claim for compensation or restitution before the criminal judge, he becomes a civil party. How does it work in America?

Tim Akpinar
Tim Akpinar answered on Jan 15, 2020

Your question bridges two areas of practice under U.S. law. You ask about restitution. That is a remedy provided for under criminal law, where the criminal must pay the victim for losses they caused (medical expenses, lost wages, property losses, and others). There are also crime victim... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New York on
Q: How to sue casting website in theatre for damages of restraint of trade by stopping ad, relying on false information.

Small production company with known reputable owner relies on its contract with major casting website to gain actors for play. Website employee arbitrarily suddenly cancels contract denying production company information with actor’s contact info that applied for positions causing immediate... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Jan 7, 2020

Greetings. This is a service contract dispute. The dispute will be governed by the contract. You need a lawyer to review the contract and determine your rights and remedies. For example, if there is a paragraph or clause in a contract that dictates when and why one party may terminate the... Read more »

2 Answers | Asked in Family Law, Child Custody and Civil Litigation for New York on
Q: I had family court trial, I was without counsel..i lost custody of child. can I file while the court deliberats?

I was wrongfully placed in injuction unable to even respond, however I feel as if the judge disagrees with the extreme financial inequality, and perhaps waiting for me to either respond or at least give my side, and truthfulness of the matter.

John Anthony Pappalardo
John Anthony Pappalardo answered on Dec 3, 2019

You need an attorney ASAP

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1 Answer | Asked in Estate Planning and Civil Litigation for New York on
Q: Can an appointed trustee destroy the trust property given to him? If given promissory note, is he liable for face value?

A trust was created for my benefit earlier this summer. A promissory note was given in trust to the trustees to be invested and utilized for specific purposes. The note transferred to the trustees is still currently in their possession. They have not performed the trust nor accounted as required... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 15, 2019

A trustee has the duty to protect, collect and maximize the value of trust assets for the benefit of the beneficiaries, and intentionally destroying a trust asset would presumptively be a violation of that duty. However, it is possible that the note truly was uncollectible and it would cost the... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: I want to know what law and rules the new owner of the property has to follow to evict me. I think he is breaking laws.

He claims he mailed papers but I have not received them. Tonight he was supposed to serve papers, he claimed they were the second round. He wanted to bring them to me at 8pm on a Thursday night. I work 7am-4pm and I do not get home until 530 with picking my daughter up from daycare. He has not... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

You obviously know about the case. While the court will undo any defaults, etc., from lack of service, you should ask for the papers again, or go to the clerk to get them, and not ignore this. Playing the service issue might work, but also might not.

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