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New York Small Claims Questions & Answers
1 Answer | Asked in Civil Litigation, Small Claims, Personal Injury and Health Care Law for New York on
Q: What NY State laws govern an involuntary psychiatric hold (in ER) and the administration of medication without consent?

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... Read more »

Tim Akpinar
Tim Akpinar 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... Read more »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Small Claims for New York on
Q: Business took $23K from me and only sent $7k worth of product in 2020. How can I get the money back? Court, Arbitration

I have reached out to him several times via text, email and phone call. He does not want to refund the money. He is supposedly located in Kansas or Las Vegas.

Tim Akpinar
Tim Akpinar answered on Mar 17, 2022

It sometimes depends on the terms of the underlying agreement. Some agreements include arbitration clauses, where arbitration is a designated forum for handling disputes. Some agreements also include forum clauses, where a civil court in a designated county must be used. That's why it... Read more »

2 Answers | Asked in Personal Injury and Small Claims for New York on
Q: If my child is bit in school what can I do?
Tim Akpinar
Tim Akpinar answered on Feb 17, 2022

I'm sorry your child was bitten. In terms of what you can do, your first step could be to reach out to an attorney who handles injury cases. I hope your child is okay. If the bite is of a minor nature and damages are transient in nature, it's possible that a law firm might have... Read more »

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2 Answers | Asked in Products Liability and Small Claims for New York on
Q: Received a demand letter in the mail should I respond?

Car accident occurred almost three years ago am now getting sued about property damage done to public property. The letter contains bill invoice that explains they have already tried sending bill to collections in registered owner name. My question is ,am I as the driver eligible to be sued.

Tim Akpinar
Tim Akpinar answered on Feb 14, 2022

I'm sorry for the alarming letter you received. In general, a driver can be sued if they are liable in the accident. Public entities such as departments of transportation, power companies, etc. do go after drivers for damage to their structures or equipment. As a starting point, you could... Read more »

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2 Answers | Asked in Contracts, Medical Malpractice and Small Claims for New York on
Q: What kind of lawyer do i need for failed Invisalign treatment by a dentist?

I was not injured by the treatment but the issue the dentist failed to fix(misaligned bite) causes me constant discomfort. He has prolonged this miserable feeling by wasting a year of my time with shady treatment. He accomplished nothing and refused a refund because he “saw nothing wrong”. A... Read more »

Jeff D. DeFrancisco Esq.
Jeff D. DeFrancisco Esq. answered on Jan 23, 2022

You would want a medical malpractice lawyer that handles dental malpractice claims. Not as many medical malpractice lawyers handle dental claims because malpractice litigation is extremely expensive and usually dental malpractice claims have limited damages. The concern with dental malpractice... Read more »

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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

1 Answer | Asked in Family Law, Personal Injury, Child Support and Small Claims for New York on
Q: Can I take any legal action against my parents for childhood abuse and neglect resulting in severe mental illnesses?

My mother never paid child support even though she was not the custodial parent,at17 years old she let me live there for only less than a month before making me homeless.She has always been inappropriate with me making me take off my shirt to take pictures of me while I was in the mental health... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Dec 10, 2021

So sorry to hear about what happened to you. Unfortunately, from your description, it appears the Statute of Limitations (SOL) on any case has long since expired. The SOL for intentional torts such as abuse is only one (1) year from the time you turned 18. New York does not recognize a cause of... Read more »

1 Answer | Asked in Small Claims for New York on
Q: If I have won a settlement from 2013 and couldn’t touch my money until I was 21 how do I go about getting my money

I don’t have the claim number nor do I remember the lawyer who had my case

Tim Akpinar
Tim Akpinar answered on Nov 5, 2021

It sounds like your case could have been handled under an infant compromise order, a process to safeguard proceeds from a legal action where the plaintiff is a minor. You could check court records to see if anything comes up under that approach. If your parents retained any records in the form of... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for New York on
Q: We are leaving a NY apt and they are withholding our 6800 security deposit because they said we didn't notify in time

My daughter and her husband live in New York City on the Upper East Side and they recently vacated an apartment.

It had a very large security deposit of 6,800. Their lease stipulated that they needed to inform the landlord at least 60 days of their leaving, by registered letter. They did... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 21, 2021

A landlord-tenant attorney could have the best insight here, and the question probably remains open for two weeks because it was overlooked in these categories. You could repost under Landlord-Tenant. There's no guarantee all questions are ultimately picked up, but it could have better chances... Read more »

2 Answers | Asked in Civil Litigation, Intellectual Property and Small Claims for New York on
Q: I’m NYS, and I was gifted a car, given signed title, and letter

Now they want the car back how can I transfer the title

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Aug 3, 2021

You must draft an agreement and then organize the papers. You would need to file the ownership of the vehicle so that you are not charge for taxes, insurance or others dues related to the car.

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1 Answer | Asked in Federal Crimes, Internet Law, Small Claims and Trademark for New York on
Q: Can I sue someone if they borrowed around 10k from me and he hasn’t returned it since.I’ve asked multiple times for it.

I have text history of giving him this money but I’m not sure if that’s considered legitimate evidence. This man continuously ghosts me everytime after he promised he would get it to me.

Linda Liang
Linda Liang answered on Jul 5, 2021

Yes, you can. Text history is a form of proof if it clearly indicates the debt and the other party did not dispute.

1 Answer | Asked in Tax Law, Business Formation, Business Law and Small Claims for New York on
Q: Good morning can anyone assist me on getting my 2020 taxes return from my accountant I can’t reach her she’s not reply

She has been doing my taxes for a few years now i call and text her about my situation ,but she doesn’t answer me , she move her office out east in Long Island New York , I’m trying to buy a house and I need my taxes information from her to get my Mortgage qualify

Michael David Siegel
Michael David Siegel answered on Jul 2, 2021

You can report her to the State licensing board, and see if they can help. You can order your return or a transcript of it from the IRS.

1 Answer | Asked in Small Claims for New York on
Q: Can a doctors office charge you for bad debt fee?

So went to the Doc office and got a check up. I thought my insurance would cover it but they didn't. A couple of months go by, and I get served some paper work from the attorney general office about the bill. I didn't even know that they had 3 other court cases about this one bill, but I... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 17, 2021

Check your records to see if you were given a release when you settled the $2,000 bill in full. If you were given a release, review its terms to identify who the releasors were (the medical providers - the doctor, the hospital, the lab, etc.). If you were not released from your obligations on the... Read more »

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Q: My wife got drenched by gas station hose from it being defective. Can I do anything about that

Gas got into her eyes, that caused them to be red and she had to throw out her cloths

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 28, 2020

So sorry to hear what happened to your wife. Given that lawsuits are generally reserved when there has been a serious, permanent injury, litigation might not be the way to go. Moreover, the gas station would arguably not have any liability (legal responsibility) unless it either knew, or should... Read more »

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1 Answer | Asked in Small Claims for New York on
Q: Is it possible to sue a phone case manufacturer if the very case made to protect it contributed to the damage itself?

The case claims to protect from shock, claims to absorb shock, claims that it was tested with drops of 6.5 feet up and claims it has raised edges to protect the screen. Well that very piece of the edge cracked the case when it fell out of my hand from a 3 feet drop to it's side. The crack... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 14, 2020

It could be, but gathering expert testimony or other technical evidence could possibly be a significant factor to establish such a case if your facts are not accepted at face value. You could speak with attorneys and research the cost of gathering evidence. Good luck

Tim Akpinar

2 Answers | Asked in Animal / Dog Law, Car Accidents, Small Claims and Wrongful Death for New York on
Q: Does he have to pay the vet bill?

My grandfather accidentally hit someone's dog the other day, and left the scene (which he's already been ticketed for), and the dog didn't make it. The dog's owners tried getting him to pay the vet bill for the services the dog recieved before passing. Does my grandfather have... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 15, 2020

He should speak with his car insurance company. However, I believe that he is liable from what you have said.

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1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Family promised to continue 1/2 rate for childcare until return to work, still owe 1650.00 arrears won’t pay me..

I’ve been with family 2 yrs in March they decide that to keep me and not loose me they will pay me 220.00 per week until they go back to work ... they are now 1650.00 in arrears and since going back to work an additional 330.00...from 6 weeks ago ... I need the money owed how do I get it???

Michael David Siegel
Michael David Siegel answered on Sep 15, 2020

Call the New York state Department of Labor and file a claim.

1 Answer | Asked in Collections, Small Claims and Consumer Law for New York on
Q: A collection agency working without a license.

I contacted a collection agency to collect my debt, I sent the account. But I never signed the contract they sent me. They went on with the case even though I didn't sign anything. They collected some money and now they are threatening me that if I don't accept the money I'm... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 11, 2020

What is the question? What do you want to accomplish?

2 Answers | Asked in Civil Rights, Constitutional Law, Contracts and Small Claims for New York on
Q: It is possible to sue University for emotional distress, for discrimination and for false information in the UK ?

I have applied to University during Covid and got a Conditional Offer right away. In order to get CAS(letter of acceptance ) I had to meet all the conditions. During four months University kept asking me for more and more information and I provided them all. I got an answer that I almost got in the... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 9, 2020

I'm sorry for your ordeal. Unfortunately, I don't believe you would have a cause of action for emotional distress, which is generally based more on intentional or reckless conduct that is outrageous on the part of the wrongdoer. But you could present the facts to other attorneys for their... Read more »

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1 Answer | Asked in Small Claims, Civil Litigation, Domestic Violence and Landlord - Tenant for New York on
Q: My sister & I own a house and her live in boyfriend punches holes in the walls out of anger. Can I press charges?

I called the police to report domestic dispute, but she refused to file a report. I didn’t know about the holes at the time. Can I call the police back, and press destruction of property charges?

Victor M. Feraru
Victor M. Feraru answered on Sep 7, 2020

If the boyfriend is damaging your property, there is nothing keeping you from calling to report a crime. Law enforcement will decide whether they'll arrest, cite, or charge the individual in question.

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