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New York Small Claims Questions & Answers
1 Answer | Asked in Criminal Law, Identity Theft and Small Claims for New York on
Q: How can we recoup material or make someone pay that used a stolen credit card to purchase goods
Michael David Siegel
Michael David Siegel
answered on Jul 26, 2019

If there is a criminal case, restitution will be part of any judgment. If not, you can sue. But, these debts are hard to collect.

2 Answers | Asked in Banking, Contracts and Small Claims for New York on
Q: I want to start a very small lending company. $1000-$5000 max no more then 14% what exactly do I need to do this?

I read that 25000 and under and over 16%

But I would be charging less in interest so would I need any license ?

Michael David Siegel
Michael David Siegel
answered on Jul 24, 2019

If you are lending to the public you need a banking license.

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1 Answer | Asked in Business Law, Contracts and Small Claims for New York on
Q: If I have a signed but undated loan contract (with myself being the lender), how can I prove my case in court?
Michael David Siegel
Michael David Siegel
answered on Jul 9, 2019

Prove the advance of funds. There should be a date on the check.

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for New York on
Q: I was a victim of a credit card scam where my laptop was stolen what can I do?

I lost both my laptop and the money that was my paid to me due to a fake credit card through facebook marketplace. I know the real name of the person who stole from and his facebook and Instagram accounts. What can I do?

Michael David Siegel
Michael David Siegel
answered on Jun 28, 2019

Go to the police. Make a report with all the details. Then, report it to the credit card company. You will be asked to do a fraud affidavit.

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Car repair place charged me $1000.00 for car repairs. Car is still doing the same problem.How do I proceed?

If their repairs didn't fix the problem do I still owe them for the repairs?

I will have them check it again to give hem a chance to make things right, however,

I don't want to owe them more money for additional repairs.

Need to know how to assert my legal rights... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 3, 2019

If you paid by credit do a chargeback. Go back to the place and put complaint in writing. Your rights are impacted by how long ago you did original work.

1 Answer | Asked in Small Claims for New York on
Q: Should I take the settlement or go to trial?

I slipped and fell on ice on 01/15/2017 in a public city park and got a tear and fracture on my right shoulder and a herniated disc in my lower back I got shoulder surgery and injections in my back. I got offered $50,000 my lawyer said I should take it because I fell inside a park and not a entry... Read more »

Tim Akpinar
Tim Akpinar
answered on May 11, 2019

This is really something best discussed in detail with your attorney, rather than weighing the speculation of someone who doesn't have films or reports of your MRIs, CTs, X-Rays, neurological testing, surgery and post-surgery reports, and other important file documents. It's going to be... Read more »

1 Answer | Asked in Small Claims, Personal Injury and Health Care Law for New York on
Q: I was forced to take a drug that make me a less of a man. I need a law to bring all this people to justice 6464892008

Above is my phone number for more info

Peter N. Munsing
Peter N. Munsing
answered on Apr 26, 2019

you should ask the site to take your phone number down.

Contact a member of the NYState Assn for Justice--they give free consults. Look for one in the county where this happened.

However if you mean impotence, it is very, very difficult to prove it came from the drug and not from...
Read more »

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Small Claims for New York on
Q: A former tenant is threatening to sue because they believe I overcharged them for a repair.

I gave them a copy of the repair bill. I contacted multiple repairmen before finding one who could/would come. It's what I paid for the repair. What else do I need for court? If they sue, can I countersue for anything, because I suspect they are just threatening to sue to get more money.

Michael David Siegel
Michael David Siegel
answered on Apr 10, 2019

Anyone can sue anyone if they pay the filing fee. You also need the lease that says you can charge for repairs of this kind. Nothing in your post suggests a counterclaim.

1 Answer | Asked in Collections and Small Claims for New York on
Q: I am being sued because my ex loaned me money to buy a car. Now I can't afford to pay the loan back.

I have little income. Live in a rent free Hud apartment because of my very low income. The only thing of value is the car. The book value of the car is $3500. I want to know if the car would be exempt from seizure??

Michael David Siegel
Michael David Siegel
answered on Apr 9, 2019

If there is a lien on the car, it is not exempt. If no lien, it could be exempt. But it is also hard to seize it. Answer the case.

1 Answer | Asked in Real Estate Law and Small Claims for New York on
Q: We have 3 mos left on our lease & the landlord won't share any details re security deposit (3 mos). Can we draw it down?

Landlord also lives out of state in CA and will not provide us with contact information beyond his phone # and email address. The total of the security they have is $12,600, so it is not something that could be recouped. We have been perfect tenants for two years and worried that we are about to... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 1, 2019

If you want to not pay rent for three months as a strategy, you can. You risk an eviction case being filed, but it will not likely be resolved in three months. But you would have to answer any summons.

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for New York on
Q: I was recently given an auto loan for more than what was discussed and agreed.

The agreement was that "as long as I payoff the car loan within the first few months of the financed loan, the payoff price would be $7000" but if the loan wasn't paid within that time period the loan would be $11,500 (as it is right now). I signed the agreement after being told... Read more »

Michael David Siegel
Michael David Siegel
answered on Feb 16, 2019

Not against the bank, but maybe against the dealer depending on the evidence you have on the tape.

2 Answers | Asked in Consumer Law, Criminal Law, Identity Theft and Small Claims for New York on
Q: How do I start to end credit card fraud and I think I know who did it to me?
Michael David Siegel
Michael David Siegel
answered on Feb 13, 2019

Contact the credit card companies to report it. Report it to the credit bureaus as a fraud. File a police report.

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3 Answers | Asked in Contracts, Civil Litigation and Small Claims for New York on
Q: I’m sued for leaving a bad review on Better Business Bureau for bad customer service
Barry E. Janay
PREMIUM
Barry E. Janay PRO label
answered on Jan 8, 2019

Depends on the review, but they are probably seeking damages for defamation and harm to their business reputation. These are fact intensive and "truth" is an absolute defense. You need to get a lawyer to defend yourself or your company.

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2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Q: Hi I'm looking for a lawyer that practice in food violation due to contamination of Mc'Donalds .

Night of 10/14/18 once we arrived home from Mc'Donalds my son put his drink in the refrigerator before bed he went to grab his drink by the time he was finishing his drink he was screamy due to somthing slimy on his tongue pulled it out his straw and it was a large worm. I contacted the... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Oct 28, 2018

If your son didn't need medical treatment chances are there is no case because you have to show the worm being there caused damage. Being revolting isn't enough to the law.

Contact a member of the NYState Trial Laweyrs Assn in your area--they give free consults.

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3 Answers | Asked in Criminal Law, Identity Theft and Small Claims for New York on
Q: What is the best way to go about check fraud?

My ex-boyfriend took 5 checks from me and wrote them out to himself. Signed my name and everything. The total loss was $3095. I have made a claim with my bank, what is the best course of action to hold him responsible and get my money back?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Oct 16, 2018

Our firm routinely handles these small claims cases for a flat rate of $725.

I’m NY, small claims court has subject matter jurisdiction over amounts in dispute between $0 and $5000; civil court between $5000 and $25,000, and supreme court in New York entertains cases where the amounts...
Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: Debt incurred by ex on a joint credit card that was supposed to be closed. They stopped paying. What recourse do I have?

This credit card had a zero balance and was supposed to be closed at the time of the divorce by my ex, (yes, my fault for not checking).

18 months later, $3,500 was charged by my ex and they are not making monthly payments. The ex acknowledges the debt is theirs. Claims they didn't... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 8, 2018

The key line of your post is your fault for not checking. As to the bank, you have to pay. As to your ex, if you are named in a bankruptcy as a creditor for this debt, it will be a discharged claim, and you cannot sue your ex.

1 Answer | Asked in Contracts and Small Claims for New York on
Q: leased a car from a dealer based in NYC delivered the car to me in Nassau county were do I file a small claims case
Michael David Siegel
Michael David Siegel
answered on Oct 4, 2018

NYC is better. But it could be either.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Small Claims for New York on
Q: I am the Mother, Can I file a Petition, Pro Se, requesting Supoena Duces Tecum to acquire Medical Examiner's Report?

I am the mother of the deceased daughter. Her husband blocked me from receiving the Coroner or Medical Examiner's Report of when she passed, how she passed.

Michael David Siegel
Michael David Siegel
answered on Sep 27, 2018

No. You are not next of kin.

1 Answer | Asked in Small Claims for New York on
Q: Can I sue an ex for not paying for a timeshare because my credit score has lowered even if only 2 payments were missed?

We both are liable but he refuses to pay and that don't think it fair to pay for the whole thing myself. but now the loan has been reported to the credit bureau because no payment has been made. So would be able to sue him for have of the 8400 that is due now?

Michael Hales
Michael Hales
answered on Sep 11, 2018

It's possible, but title to timeshares are typically takes with both owners being joint and severally liable. Meaning that you are responsible to pay if he does not. I suppose that you could sue on equitable claims, but it may be difficult.

In these situations, clients have often...
Read more »

1 Answer | Asked in Business Law and Small Claims for New York on
Q: For small claims if my company is in LI NY but company in Westchester and job in NYC. Where do I file claim?

My company is based in LI, company that owes me in Pine Island the two unpaid jobs were in Manhattan. In what jurisdiction do I file the small claim? Is it my area, the company I am suing their area or the place where the two jobs were completed in NYC? I want to get this process started ASAP this... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 20, 2018

I would do Manhattan, not LI. Westchester OK too. But $3000 is limit for small claims in suburbs. NYC limit is $5000.

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