Get free answers to your Small Claims legal questions from lawyers in your area.
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.
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
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
After visiting a dermatologist, I found out the person listed as an Educator was an Unlicensed stylist.
answered on Sep 8, 2023
Sorry to hear what happened to you. If the educator was the individual who applied (or misapplied) the hair product in question, you would arguably sue that person along with his or her employer (assuming the educator was acting within the scope of employment). In the meantime, take photographs... View More
The waste drain pipe broke, causing sewage to drain into the basement, they fixed the pipe, but didn’t clean up the sewage or sanitized that area of the property. Also they have not paid their water and sewer bill, now I am being billed for this also.
answered on Aug 24, 2023
Your post doesn't mention the nature of the arrangement. If you reposted and added the categories "Landlord-Tenant" & "Real Estate," there would be better chances of attorneys with insight into such situations picking up your question. Good luck
The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More
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answered on Aug 15, 2023
While I understand your concerns, changes made to digital products like art books or video games fall under the discretion of the creators and developers. If these changes are made by the current team or company, and they own the rights to the product, they generally have the authority to modify... View More
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answered on Aug 10, 2023
Compulsory censorship of a digital good, such as an artbook or a game, after a sale may not be considered theft in the legal sense, but it could potentially lead to other legal issues or breaches of contract, depending on the circumstances and the terms of the sale or licensing agreement.... View More
He paid for a good amount of the trip, but at the time had offered and was okay with everything. We were apart of a non profit org together, and after we removed him from the board for sexual misconduct (against me) hes retaliated. Hes sent me an invoice for our trip of over 1200 dollars. Am i... View More
answered on Jul 26, 2023
This is like a question on a bar exam. The question is what was the agreement at the time the money was expended, not at a later time. Therefore, since the expenses were a "gift" at the time they were incurred, that is, there was no intent at that time to ask for reimbursement, the... View More
My landlord has provided an itemized statement and receipts for the deductions made to my security deposit through text messaging only, the day of the deadline (14th day) to send both itemized statement and remainder of security deposit to me by mail. I did not receive the remainder of the security... View More
answered on Jul 19, 2023
Dear Poughkeepsie Tenant:
So little law is developed in courts throughout the State dealing with the tenant security deposit statute. Likely, you would sue in Small Claims Court. I cannot predict that a local Small Claims Court would not decide that the text message satisfied the... View More
My landlord has missed the 14- day return window for refunding security deposits. July 14th was the last day of the legal timeframe. I have vacated his apartment June 30th.
I have spoken to the landlord on July 14th and he has told me that he sent it in the mail postmarked for July 13th... View More
answered on Jul 16, 2023
Dear Poughkeepsie Tenant
Your money and your time is not a matter to provide an opinion. You may win the case or settle for a negotiated amount.
I provided him a bill but I have not received payment for 6 weeks now & when I call to inquire where my payment is, he says 'I don't know'. I have copies of text messages & voicemails. Do I sue him or the hotel? The amount is just under $100 but it's the principle. Our... View More
answered on Jun 27, 2023
The proper defendant is the employer but the employee could be sued also.
He lives in a different state now. I live in Syracuse, NY and he lives in Austin, Texas
answered on Jun 14, 2023
Yes, you can sue him in a justice of the peace court in the precinct where he lives to recover the unpaid loan amount plus interest.
I stayed with a friend in another state. I asked if I could visit her and she agreed. We did not discuss any payment. I slept on her floor for 5 nights. We did some outdoor photo shoots together, since my friend is a photographer. After I left, she sent me a nasty email demanding $1730 for the... View More
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answered on May 22, 2023
Without knowing the state your friend lives in, none of us can say for sure, but from my NY perspective, unless you had an agreement in advance, she cannot unilaterally demand "rent" for 5 days on her floor now that she's mad at you. Your text, while not all that helpful, probably... View More
I recently stayed at my friend's apartment. I had asked in advance if I could come and she consented. We did not discuss any payment. I slept on the apartment floor for 5 nights. They picked me up from the airport and we did some travel activities together. We also did some outdoor photo shoot... View More
answered on May 20, 2023
A text, after the fact, stating “ I’m happy to pay the expenses you demanded” is not itself a contract. The factual circumstances and your friend’s specific claim as to why they claim you owe the money will be the relevant points. If, for example, your friend claimed there was in fact an... View More
The village is stating they do not have to pay for it. The fence is set 10ft back from the edge of the road. The codes enforcer verified where we were putting the fence and approved our permit with the Village & town of Wilna. We submitted an estimate to the village, which we were never advised... View More
answered on May 3, 2023
The Village will do this to you as long as you do not take the steps needed to commence a lawsuit and as long as you do not involve your homeowner insurance company.
Without filing a Notice of Claim within 90 days of the occurrence of the damage, you cannot sue. If the time has not run out,... View More
A repair shop is claiming they are not liable for damages caused to my vehicle while it was at their shop in their possession because they didn’t have a signed repair order. The vehicle was brought in for a sunroof repair and the shop failed to fix it and left it outside in the elements for 100... View More
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answered on Apr 21, 2023
More info is needed. Why was it in their shop if there was no repair order? Was a repair completed and you failed to retrieve the vehicle timely? What was the damage? Who caused the damage? Either way, doesn't the shop have insurance? If not, do you have insurance?
My backyard and home is directly next to the alleyway. They have been running the generator since October 2022, its loud and annoying and is usually on for 7-8 hours daily. The odd thing is, the store is usually closed but the generator is turned on daily. I have lived in my home for nearly 30... View More
answered on Apr 1, 2023
Call 311 in NYC. The Department of Buildings can issue a violation.
This event took place 13 years ago and there has been very little activity around it for 7 yrs. I presented a motion to dismiss based on dormancy, but the judge ruled against me and told me to answer the claim. I did .
What is my next step in my efforts to get this matter dismissed?
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answered on Mar 29, 2023
Why do you feel it will be dismissed? We probably need more information. You did not say anything about disputing the debt and you said there's been at least "some" activity for at least some of the last 7 years... What sort of activity? Have you made payments or acknowledged the... View More
The action in question was a contract for a rental agreement, Between a company that I can no longer locate and occured in 2010.
It is my belief that this lawyer, debt collector, purchsed the debt and after 13 yrs.
although there was some contact before the 6 yr period elapsed,... View More
answered on Mar 29, 2023
Realistically you need the help of an attorney to prepare your motion papers, or at least review what you plan to submit. That is what is indicated from the way your case has proceeded so far. Alternatively you can continue on your own and accept whatever result comes. Be aware that if the case... View More
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answered on Mar 14, 2023
There are exceptions, but 16% per annum is the maximum legal interest rate based on what you describe. More than that exposes them to civil liability. More than 25% will expose them to criminal liability.
I was informed that she isn’t able to recertify her housing government assistance apartment while have an outstanding balance. Is that accurate? Also I have asked countless times to see where my payments have been sent and I have not gotten any response from her. I’ve asked her for the... View More
answered on Mar 5, 2023
Dear Manhattan Tenant:
You may have been taken for a ride. The Tenant is not allowed to sublet subsidized housing where the tenant is required to certify. There is no barrier to certification even with a rent-due balance.
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