Get free answers to your Civil Litigation legal questions from lawyers in your area.
The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... View More 
answered on Jun 24, 2022
1. Different counsel? Not relevant. Happens all the time.
2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.
3. Recourse? Make motion in court that entered judgment to vacate on improper service.
4.... View More
I received a demand letter, I left the job due to hostile environment. I had to contact the labor department to collect my last wages. Now the demand letter wants repayment for half of the bonus’s I was paid. The offer letter has no clawback or mention of any repayment. I don’t mind paying if... View More
answered on Jun 21, 2022
Obviously, the matter is governed by the agreement. Have a lawyer look at it for a few bucks. If you have to pay it back, do so only with a release agreement, etc.
This person works for social services and printed out my application for assistance (with all personal info on it including ss#) and gave it to her sister to use in court ordered mediation for divorce. The employees name (the suspect) was on the top of the page as logged in user at the agency. And... View More
answered on May 19, 2022
Yes, you should definitely speak with an attorney. Your situation sounds complicated and you would need to give all the facts to an attorney, who can represent you. It sounds like there is way more going on here than you can type in the "Ask a Lawyer" section. However, to answer your... View More
I was sold counterfeit goods through Google Pay LLC. Do i have the legal right to a refund if I've bought something that's fake or counterfeit? Should I also report this to Trading Standards and the Pokémon Company International, Inc. for fraud. I was sold fake Pokemon Cards through... View More
answered on May 19, 2022
File a criminal complaint, but do not count on anything. You are not likely to find the fraudsters, who are long gone with your money. Google Pay is not liable. It just processes payments. It does not vouch for the users.
I was manipulated into auto loan in 2016. I feel into hard time and a divorce and ended up living in my car in 2016. I started to become late but always found a way to catch up. I got back on my feet slightly in 2018 and ended up pregnant. I couldn't afford the car payments and they kept using... View More
answered on May 18, 2022
The statute of limitations does not apply to an existing case. The SOL is the date to bring a case. You did the right thing so far. Your issue is lack of service. You are going to have to prove you did not live with your brother when he was served as your household.
An attorney in Elmira, NY, was able to obtain only $2500 and has advised us to retain a litigator in the county of the business owner.
answered on May 17, 2022
If you need a litigator, there are a number of options that could supplement your own online searches. Although this site does not function as an attorney referral service, it has the feature above, "Find-a-Lawyer." Additionally, the NYS Bar Association has a lawyer referral service. Good luck
asked for the preliminary questions
answered on May 12, 2022
Try to learn what the protocols and procedures for your trial will be. Familiarize yourself with the case material and the rules. Mock trials can differ in depth according to the academic level. Based on the level of your mock trial, you may need to make rulings on certain things. Is evidence... View More
If only the attorney was served with the summons with notice
answered on May 9, 2022
You cannot serve a summons on an attorney for a new case unless service is accepted in a document filed with the court.
the person i have to sue lives in valparaiso and i need help. it may be under the 10K small claims limit or more. Thank you
answered on May 3, 2022
You could search for attorneys independently on your own, you could use the Find-a-Lawyer feature (the tab above to the left), and you could also check with the New York State Bar Association, among other resources out there. See the section on their website called "For the Public." Good luck
So now i must pay as well as find paperwork for the dog and his vaccines that were never given but stated in the contact what should i do
I want to identify a defendant via order to show cause with an affidavit of support. Do I need a petition? If so, do I need to buy an index number? Can use the same index number in a lawsuit after the order to show in the same matter? Or do I have to buy a new index number?
answered on Apr 28, 2022
Yes, you will need to file a petition (for which you will need to purchase an index number) and move by Order to Show Cause for pre-action discovery (which can only be used to identify a defendant - not to find out if you actually have a viable case). You CANNOT use the same index number in the... View More
My ex used pending charges against my current spouse, that have since been resolved to try and claim he was violent and my kids in danger. My spouse was not convicted of any of these charges, only misdemeanor traffic charge. Because these claims (along with other false claims) tainted the courts... View More
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answered on Mar 31, 2022
No. The asker must realize that in a post-Clinton nation, no proof is needed for up-front orders, a court investigates after those orders, and then a hearing takes place to confirm or refute the allegations in a petition. The law used to be proof by a preponderance of the evidence; it is now... View More
My 23 year old daughter sought care in ER for asthma attack. After flippantly saying she would "rather kill herself than be admitted overnight", she was immediately put on an involuntary hold without consideration of context and relevant mental health history. Within minutes she was... View More
answered on Mar 28, 2022
I'm sorry for your daughter's and your family's ordeal here. There is New York State Mental Health Hygiene Law section 9.27(a), which involves involuntary admission on medical certification. These are generally fact-intensive settings that require detailed investigation. You could... View More
We have proof of her standing in front of our house deliberately taunting our dogs. Along with every letter she sent threatening us with the police and animal control. Do we have a harassment claim against her?
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answered on Feb 28, 2022
Whether this rises to the level of harassment will be a judgment call by the police or a local prosecutor. However, it may be a good idea to get her actions on record as a preemptive measure before she makes a complaint to the police. If your dogs are barking a lot and disturbing the... View More
I dont feel comfortable. I was given option of signing hipaa forms but firm says they prefer I sign power of attorney. Please someone help me understand if this is ok.
answered on Feb 25, 2022
HIPAA forms used for requesting medical records have a section where an attorney can sign on behalf of the patient/client if they have authority to do so. It can be a convenience for the client. It's the client's choice. As a case progresses, the list of medical providers can grow. If the... View More
I had been complaining to the landlord for months they would try to fix it, it was never right, he and His Drunk handyman put in bigger fuel jets and it burned twice as much fuel. a few days ago at bed time it went out, we hit the reset and a few minutes later the furnace went up in flames, we made... View More
answered on Feb 7, 2022
First find out if your loss is covered by insurance. If there was an insurance policy in effect for the premises, then the type of lawyer you would need would be a civil litigation lawyer versed in property and casualty claims. Thankfully, it looks like no one was injured. If there is a policy in... View More
I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.
answered on Jan 24, 2022
In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would... View More
I filed a civil case in NY against an individual and a corporation (corporation A) . The individual claims to have been acting as an agent of corporation A, but the emails authorizing my activities reflect that he was a President of another corporation (corporation B). I want to name (B) now as... View More
answered on Jan 24, 2022
I assume you mean a Trial date. It is virtually impossible to add a defendant after all discovery has taken place. There is a small possibility, namely, if you only just discovered the new defendant and can make an argument that prior to now, it was impossible to know that the additional defendant... View More
I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... View More
answered on Jan 15, 2022
Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.
School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... View More
answered on Jan 5, 2022
Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.
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