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New York Small Claims Questions & Answers
1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: If a friend loans me 1000$….what’s the maximum interest rate in New York that they can charge
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Collections, Landlord - Tenant and Small Claims for New York on
Q: A friend sublet an old apt to me an has not made any payment on the unit with the money I paid to her. Do I have a case?

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

Steven Warren Smollens
Steven Warren Smollens
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.

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: my x used to venmo me money to pay our bills now she is saying I owe her a lot more, I've been paying for what i used

will this stand up in court? i am paying her back for my bills but she is saying she venmo me 9000 dollars and i only used 3k which i am paying back because she helped me during the pandemic

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 29, 2023

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

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: I was Romanced scammed to cash a check, and now the bank is after me
Michael David Siegel
Michael David Siegel
answered on Jan 8, 2023

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

1 Answer | Asked in Small Claims for New York on
Q: This is a quick question. I just wanted to know who would be wrong in this scenario.

Person 1 is holding two boxes of snacks that are identical. Person 1 wants to give one of the boxes to person 2. Person 2 is indecisive and says you can pick whichever one. Person 1 gets infuriated and starts shouting at person 2 to pick a box. Person 2 tells person 1 that they do not want to speak... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

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.

1 Answer | Asked in Contracts and Small Claims for New York on
Q: how much does it cost to have signatures professsionally compared for forgery?
Tim Akpinar
Tim Akpinar
answered on Oct 8, 2022

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

1 Answer | Asked in Small Claims and Landlord - Tenant for New York on
Q: How much can NYC renters be charged for three days in an apartment?

On a month to month lease, we are moving out on the 3rd and new tenants occupy on the 4th. The building manager is saying what they charge us is based on a percentage or what the other tenants don't pay. This all sounds false and shady. We paid every month, never late they walked through the... View More

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2022

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

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for New York on
Q: I have a contract between me and a guy I had attempted to rent from stating he'll pay me back $900 by September first

The $900 is the total amount of rent and my security deposit as I discovered there were bedbugs, asked him if he had bed bugs, he said he didn't, I had someone from pest control confirm it was a bed bug, and had him sign a contract stating he would pay me back my first month's rent, along... View More

Di Ma
Di Ma
answered on Sep 3, 2022

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

1 Answer | Asked in Divorce and Small Claims for New York on
Q: My divorce attorney who I fired because he never reached a settlement is now over a year later wants $8000.

I never received the first certified letter allowing me to file for arbitration - had collection agency now threatening court.

Michael J Stachowski
Michael J Stachowski pro label 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

1 Answer | Asked in Small Claims for New York on
Q: Where to take legal action for an invoice nonpayment when the client is in a different state?

Hi,

One of my clients has failed to pay the remainder of an invoice ($2000) that was due months ago. Every month I remind him and he comes up with excuses. I've been very patient and understanding but its been too long and I want to take legal action.

I am Freelance Visual... View More

Jack Mevorach
Jack Mevorach
answered on Jun 30, 2022

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...
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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... View 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... View 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... View 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... View 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... View 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... View More

Jeff D. DeFrancisco
PREMIUM
Jeff D. DeFrancisco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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... View 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... View 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... View 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... View 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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