Get free answers to your Small Claims legal questions from lawyers in your area.
I have a default judgment in my favor, against the defendant from the small claims court for lost personal property damages. I have tried contacting the defendant many times and have had the court sent over the judgment many times but he refuses to respond or make any contact. I want to know what... View More
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Mar 3, 2023
What you need is a lawyer who can utilize the judgment enforcement devices found in article 52 of the CPLR, the most common ones being bank levies and wage garnishments. The effectiveness of these procedures depends on whether the defendant has collectible assets: this can be determined from a skip... View More
I did not move into the apartment at any time. I did not sign a lease nor did I receive keys. I requested a deposit because my step father passed away he was my mothers caregiver and I now have to be responsible for her and my uncle who is autistic and both need round the clock care. I sent a... View More
![Steven Warren Smollens Steven Warren Smollens](http://justatic.com/profile-images/1127905-1671726185-sl.jpeg)
answered on Feb 24, 2023
Dear Islip Tenant
You did not create a tenant security deposit without signing a lease. The security deposit statute is not involved.
Your right to sue for recovery of the money turned over as a hold deposit depend on the writen disclosure made and signed by you and the written... View More
the case was fraud by employee and I need time to find counsel what rights do I have for appeal of judgement or vacant the judgement
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Feb 17, 2023
First, if you are a corporation you may not, by law, represent yourself: you need an attorney. Second, you may move to vacate the judgment presenting a reasonable excuse for the default and a potentially meritorious defense to the claim. From the limited information you provided, it seems you may... View More
I tryed to resolve this issue within the 30dats he was the one who prolonged this not me my husband and in made numerious attempts he ignored us
![Elaine Shay Elaine Shay](http://justatic.com/profile-images/1191383-1527279199-sl.jpg)
answered on Jan 26, 2023
If you pay the money but don't feel it was just, you may commence a case in Small Claims Court to recover the money you believe was collected wrongly. However, if you owe money for rent arrears, the landlord may counterclaim against you.
I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... View More
![Samuil Buschkin Samuil Buschkin](http://justatic.com/profile-images/1315439-1692732364-sl.png)
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... View More
![Tim Akpinar Tim Akpinar](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
answered on Dec 26, 2022
This is something that an employment law attorney should advise on, but your question remains open for three weeks. Small Claims Court is a court of limited jurisdiction, in terms of money caps and the scope of matters handled. It is often for straightforward disputes involving money damages up to... View More
Buyers are not releasing our money, stating that we have to fix windows, we have to provide 4 new Air conditioners and we have to provide 2 custom closets that was never there. Our lawyer is holding the money and says that he is not going to finish this case, since he finish with his part at... View More
![Michael David Siegel Michael David Siegel](http://justatic.com/profile-images/1198924-1472649895-sl.jpg)
answered on Dec 15, 2022
If there is not consent to release the money, you are going to have to bring a lawsuit. If the deposit is $10,000, it can be small claims. Name the lawyer holding the money, and the buyers. You do not need a lawyer.
Buyers are not releasing our money, stating that we have to fix windows, we have to provide 4 new Air conditioners and we have to provide 2 custom closets that was never there. Our lawyer is holding the money and says that he is not going to finish this case, since he finish with his part at... View More
![Carl Nelson Carl Nelson](http://justatic.com/profile-images/1666614-1636484436-sl.jpeg)
answered on Dec 15, 2022
Your (the seller's) attorney is really the best person to contact about this, since he or she is, for purposes of the down payment, the escrowee. If you already closed the sale, it is not clear why your sale proceeds check was not issued at the closing; the closing constitutes the transfer of... View More
![Scott L. Lanin Scott L. Lanin](http://justatic.com/profile-images/1194907-1668630117-sl.jpeg)
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
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Dec 11, 2022
I would have to review the judgment, but yes, you have options. One is to forward an execution levy to the City Marshal’s office directing it freeze the defendant’s bank accounts. These forms must be prepared properly or they will be rejected by the bank. There are other enforcement devices... View More
![Giselle Ayala Mateus Giselle Ayala Mateus](http://justatic.com/profile-images/1651692-1718707423-sl.png)
answered on Dec 9, 2022
Usually a judgment includes a time to comply. If the party who loses does not comply you will need to start an action to enforce the judgment. You may request an order to be paid from the contractor assets, like a bank account.
Also do they have to give back double for not having it back on time?
![Elaine Shay Elaine Shay](http://justatic.com/profile-images/1191383-1527279199-sl.jpg)
answered on Dec 2, 2022
Under NYS law, landlord's are required to retun a residential security deposit within 14 days of vacatuer and provide written notification of the reasons for any deductions from the security deposit. If it has already been 30 days, you may commence a Small Claims Case or contact the Attorney... View More
Also do they have to give back double for not having it back on time?
![Steven Warren Smollens Steven Warren Smollens](http://justatic.com/profile-images/1127905-1671726185-sl.jpeg)
answered on Dec 22, 2022
Dear Rochester Tenant:
Attorney Shay is correct that the new tenant security deposit statute requires the full return of the security deposit within 14 days after moving out.
Read about your rights as a tenant in your city and the right to the refund of the tenant security deposit... View More
Also do they have to give back double for not having it back on time?
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Dec 2, 2022
You may also considering serving the landlord or his attorney with a properly drafted pre suit demand letter. If effective, this can save you a lot of time and the cost of initiating a court action. As my colleague said, if 14 days have passed since move out and you have not been provided an... View More
My son passed away 3 years ago at the age of 27. After he passed, two separate friends revealed that he confided with them that he was raped by a teacher in 8th grade in a NYC private school. We notified the school and the NYPD. The school hired an investigative firm which we cooperated with . We... View More
I am asking for both general across the USA and for New York. Does it matter if it is an abandoned incorporeal hereditament that has been separated from the land, and is no longer an interest in the land? Does the finder get superior title over all others for incorporeal hereditaments?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Aug 25, 2024
When dealing with the finder rule, it generally applies to physical, tangible property rather than incorporeal hereditaments, which are intangible rights or interests. Across the USA, and specifically in New York, the concept of "finders keepers" does not typically extend to incorporeal... View More
Hello, I have a question regarding a tenant - landlord relationship. My landlord is demanding I remove my bird feeder, however nothing in the lease states I cannot have one. My bird feeder is causing no harm to any other resident, and no rodents or other pests are being attracted as a result of... View More
![Tim Akpinar Tim Akpinar](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
answered on Jul 18, 2024
A landlord-tenant attorney could advise best, but your question remains open for three weeks. You're doing a kind thing for animals, especially in the winter, when food is scarce. However, your landlord would probably challenge your feeder on the grounds of disease prevention. Check with a L-T... View More
This is a very dangerous situation for my family and my property. 3 to 4 times in the past, his customers crashed through or over his guardrail hit my fence, and ended up on my property. He has a poorly
constructed and damaged guard rail only 1 foot from my fence. It is not providing the... View More
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
![Michael David Siegel Michael David Siegel](http://justatic.com/profile-images/1198924-1472649895-sl.jpg)
answered on Mar 4, 2024
Call "311" and have the Department of Buildings issue violations. You cannot be evicted while violations are present.
The 1st prescription called for prism. They gave me headaches. They re-examined and eliminated the prism at no cost. These lenses left me with blurry vision. I went to my Gloucoma Ophthalmologist who said I have unusual problems with my vision (due to prism), and referred me to another speciaist... View More
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
answered on Oct 16, 2023
Your post does not include a question. You need to review the exact terms of your warranty to see whether it includes the original cost of your lenses and not just the replacement cost and whether the warranty can be triggered by the recommendation of a different optometrist / ophthalmologist.... View More
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