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

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

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

Whether you owe her in a "moral" sense, versus a "legal" sense in that the funds were a provable, enforceable loan obligation, depends on a review of the situation by an experienced New York contract litigation attorney. Feel free to contact an attorney of your choice to... View More

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.

Samuil Buschkin Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

While you can file a criminal complaint against the scammer, as to you and the bank, you will owe this money.

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

Really? How does this get to Small Claims Court in New York State when the box thrower was in New Jersey? Attacking another person with a thrown object and striking that person is a crime.

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.

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.

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

You could reach out to several forensic handwriting analysis experts and ask them about their fees. Good luck

Your question may have gotten overlooked for two weeks because of the categories posted under. You could try reposting and adding "Landlord-Tenant" as a category. There's no guarantee every question here is picked up, but you'd have better chances of a L-T attorney seeing your post there. Good luck

Hi, is your question how you should recover the $900? Assuming there are no eviction issues, your former landlord breached his promise to return the $900 to you. You have the promise in writing. This case seems ideal for small claims court. Downstate may charge slightly differently but small claims... View More

Michael J Stachowski Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2022

File a grievance he has to bill every 60 days under the milonas rules Call the bar association and ask for arbitration. Read your retainer agreement it should say he will bill every 60 days if it does and he didn’t you have a defense. In your grievance mention he took you to collections without... View More

Often, a contract between parties specifies jurisdiction. If yours does not, consider adding that provision.

Depending on the facts, jurisdiction may lie in New York, California or both.

It doesn't pay to retain counsel for a $2,000.00 claim.

Have a free telephone... View More

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

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... View More

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... View More