Get free answers to your Civil Litigation legal questions from lawyers in your area.
answered on Dec 15, 2022
The area of law you are referring to is called Enforcement of Judgments. There are various remedies including sending information subpoenas to banks to try to locate the judgment debtor's bank account and restrain it, sending a property execution to the sheriff to levy on accounts, or an... View More 
People are treating to Sue my friend but she is moving out of state and no papers or any official word has been given to her
answered on Dec 5, 2022
There is a procedure for attempting to serve process in New York courts, sufficient to confer jurisdiction over the person whether or not they continue to physically reside in the state. Additionally, if your friend simply ignores the suit, most likely the Plaintiff will file its affidavit of... View More
Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me for not paying. I am not sure what the charge is for. I don’t know if I can call the hospital? Or the lawyers office that is suing me? I don’t know if the hospital sold my info to a... View More
answered on Dec 2, 2022
You need to demand verification of the debt, examine the accounting of the debt, and prepare and file your answer to the complaint, containing all of your defenses. Federal law also protects you from false or abusive medical debt collections under the FDCPA. By ignoring it, you risk a default... View More
Received a notice of motion about a breach of contract that occurred in 2011 in NY. in my mailbox. Not certified, no name, just return address saying that I need to appear? Sent back certified and to court (originals) an Affidavit to dismiss based on Statue Of Limitations. Still have a date.... View More
answered on Nov 29, 2022
If you don’t appear, a default judgment will be entered against you, regardless of the merits of the case. The judgment creditor could then proceed to levy your bank accounts and seek a turnover of the funds to the NYC Marshall to satisfy the judgment. The statute of limitations for rent arrears... View More
Received a notice of motion about a breach of contract that occurred in 2011 in NY. in my mailbox. Not certified, no name, just return address saying that I need to appear? Sent back certified and to court (originals) an Affidavit to dismiss based on Statue Of Limitations. Still have a date.... View More
answered on Dec 22, 2022
Well if you were not sued in 2011 for this landlord and tenant breach of contract, it is way too late to do so now. A Notice of Motion for a judgment suggests the lawsuit existed before the Statute of Limitations expired.
But if you were sued in 2011 a complaint (that is the body of the... View More
I moved out of my apartment before the lease ended. Was turned over to a debt collector. Kept requesting information on ownership of debt, lease, money owed, etc... Could not provided it.
Asked to stop harassing me until could provide that information. Cease and Desist letters, two of... View More
answered on Nov 28, 2022
Your question involves the statute of limitations for a debt, which in New York is six years. Therefore, without additional facts, it would appear that the action cannot proceed. However, the circumstances appear dubious since you say that you were served with some papers that appeared to be a... View More
I moved out of my apartment before the lease ended. Was turned over to a debt collector. Kept requesting information on ownership of debt, lease, money owed, etc... Could not provided it.
Asked to stop harassing me until could provide that information. Cease and Desist letters, two of... View More
answered on Nov 28, 2022
The recently enacted Consumer Credit Fairness Act has actually reduced the statute of limitations to three (3) years for rent arrears in New York. If you have made any payments after April 7, 2022, it shouldn't reactivate the debt under the CCFA; however, you should NOT make any payments as... View More
one non voting limited member of LLC has declared in court ,that LLC is dissolved and he has transferred the account under his name.
answered on Nov 24, 2022
We need more information to answer your questions. Was there a shareholder meeting on which dissolution was voted on? Is there a certificate of dissolution on file? Have all taxes and fees been paid? Was proper notice and an agenda provided to the shareholders in advance of the meeting in... View More
There is a large tree in the backyard of the property that has displaced my fence, and also caused damage to my backyard's foundation due to the roots growing through the ground. The property is also occupied by squatters and the bank may, or may not be attempting to evict. (I've reached... View More
answered on Oct 31, 2022
Whether the bank bears any legal responsibility for the damage to your property will depend, in large part, on its relationship to the property on which the tree is located. That the bank has a mortgage on the property, without more, will unlikely give rise to any duty to maintain the property.... View More
There is a large tree in the backyard of the property that has displaced my fence, and also caused damage to my backyard's foundation due to the roots growing through the ground. The property is also occupied by squatters and the bank may, or may not be attempting to evict. (I've reached... View More
answered on Oct 26, 2022
There might be liability for the bank. But, you can also sue and get a lien on the property. If you want the tree out, call 311 and see if the City will do it and put a repair lien on the property.
Know that 2019 US Courts ruled that the information can now be viewed by the public.
answered on Oct 21, 2022
The US EPA has a link - "Case and Settlement Information" on their site - https://www.epa.gov/enforcement/deepwater-horizon-bp-gulf-mexico-oil-spill
They provide information on earlier settlements. You could check if they have updates or if they could direct you to resources with... View More
Cplr 5015 (a), ground #1 Excusable default limits motion to one year after service of order. Are the other grounds time barred as well?
If the Default judgement was granted an inquest, does the inquest effect the time limit to file a 5015 motion? Does it run from the original order... View More
answered on Apr 19, 2024
5015 should provide the answer. Did you read it carefully?
Jack
DWI driver hit my car and I got injured badly, needed plate and screws(surgery), as I know so far that he was on a conditional license and he was not supposed to be driving, but this was his third time being behind the wheel and caused the accident, I currently have a personal injury case, but I am... View More
answered on Apr 19, 2024
Sorry to hear what happened to you. Unfortunately, I'm unaware of any recognized legal theory by which you could hold the State responsible for an individual's operation of a motor vehicle without a license, even a repeat offender. Moreover, before you can even bring a lawsuit against... View More
A settlement was reached and a check was apparently cut (according to my attorney) 4 years ago from the insurance company due to a lawsuit from a malpractice case from 2008. My uncle had a routine colonoscopy thay went left and eventually he passed. Its only me and a neice left and we were to split... View More
answered on Apr 15, 2024
It should definitely not take this long. You can view the Surrogate's Court and Supreme Court dockets online to know where you stand.
What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More
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answered on Apr 10, 2024
I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.
For... View More
What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More
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answered on Apr 10, 2024
I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.
For... View More
What kind of lawyer would I need to sue detective for lying, police department accusing my sister for being a drug dealer, caregivers who stolen my sister valuables. Police said that the caregivers were allowed to take whatever they wanted since they lived there. D.A. did not want to talk to me.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024
I'm so sorry to hear about the tragic loss of your sister and the troubling circumstances surrounding her passing. This sounds like a very complex and serious situation involving potential misconduct by law enforcement, elder abuse by caregivers, and failures by the legal system.
For... View More
The Mortgage was sold and the new bank quickly changed the existing servicing plan, made payments to the city finance department on my behalf, aggressively sought to recover their disbursements by creating an escrow account and escalated my monthly mortgage pmt to more than five multiple of it has... View More
answered on Mar 31, 2024
Are you alleging that you are fully performing according to the terms of Promissory Note and Mortgage?
Jack
We have been living in an apartment for almost a year. In the second month of living here, the heater went out and the landlord took over 6 months to fix it, throughout the entire “heat season” in nyc we had no heat. For the past two months we withheld rent to force him to fix the problem. He... View More
answered on Mar 4, 2024
Call "311" and have the Department of Buildings issue violations. You cannot be evicted while violations are present.
Defendant was served May 2023. Defendant is in default. This is a lawsuit against an attorney for breach of contract due to no legal representation, lack of fiduciary duty and misconduct.
answered on Jan 10, 2024
Lawsuits against attorneys are usually for legal malpractice, even if the claim is breach of contract. Still, it would be very unusual for an attorney to default, if properly served.
Jack
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