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New York Small Claims Questions & Answers
1 Answer | Asked in Real Estate Law, Contracts, Landlord - Tenant and Small Claims for New York on
Q: What issues do I face living in a house whose deed is under my deceased great grandmother? What are my options?

I currently live with my husband and his half-sister in a house that has no mortgage, the house has been paid in full. We were under the impression as per his mom that the house was both under her and his great grandmother's name whom passed away in 2002. When the grandmother died, my... View More

Michael David Siegel
Michael David Siegel
answered on Dec 13, 2017

I think I responded to you already, maybe on another site. You have many issues to deal with, and time is not on your side. There is no cheap way out of this as clearing title is a formal process.

1 Answer | Asked in Contracts and Small Claims for New York on
Q: Can i secretly record conversations and use them in Small Claims court to establish the defendant has lied?

Wanna know if i use a mini recorder to record the person i plan on suing in small claims court admitting they borrowed money can I use this as evidence in the case. If i do record what is the criteria under which this recording can be made and legally used to help me with my case?

Michael David Siegel
Michael David Siegel
answered on Nov 17, 2017

In New York, as long as one party to a conversation knows that it is being taped, it is legal to tape it without the other party knowing.

2 Answers | Asked in Contracts and Small Claims for New York on
Q: Wanna sue for money borrowed in middle of 2013 for moving help in nyc

Sister borrowed $4k for help moving and i loaned her on promise she would pay when on her feet. Ive asked several times over years only getting excuses everytime. This year an irreperable rift has come between us and the repair of the relationship is highly unlikely. It is about the money as its... View More

Michael David Siegel
Michael David Siegel
answered on Nov 17, 2017

It is a small claims case you can do yourself. You can sue.

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1 Answer | Asked in Criminal Law, Personal Injury, Small Claims and Employment Law for New York on
Q: I want to ask if it's legal that my job is making me work with a mentally ill person.

I work as a job coach with adults with mild intellectual disabilities. I've been threatened and hit by a client who is diagnosed with paranoid schizophrenia. I'm not qualified or trained to deal with him. I want to know if its legal that they make me work with him.

Lee A. Koch
Lee A. Koch
answered on Oct 23, 2017

This appears to be a question for the employment law section. It definitely creates a danger for you and the client. The result of any attack on you or exacerbation of the client's condition could be negligent conduct on behalf of your employer. Speak with an employment lawyer who... View More

1 Answer | Asked in Business Law and Small Claims for New York on
Q: I live in New York State can I take someone in Vancouver Canada to small claims court ?

I am owed money for services rendered as a subcontractor and he’s refusing to pay me do I have any legal recourse seeing as how I live in New York State and he lives in Vancouver Canada

Barry E. Janay
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answered on Oct 20, 2017

No. Small claims defendants must reside in the jurisdiction.

1 Answer | Asked in Criminal Law, Identity Theft and Small Claims for New York on
Q: can I press charges for bank fraud of my account against someone that has a temporary order of protection against me?

Also, I would like to sue this person for monies owed to me for loans, shared bills and back rent. Would this be a violation of the order? Also, the bank fraud on my account happened in july 2017 can I still press charges now that I know who done it?

Lee A. Koch
Lee A. Koch
answered on Oct 18, 2017

Speak to the DA or go to the police station and make a police report. Furthermore, please be careful not to violate the protective order. As far as getting your money back or 'pressing charges', you can always hire a civil litigator to handle the civil aspects of the case for you.

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: I make payments on my girlfriends truck out of my account.

Payments were made from my sole account. After we broke up , she now wants to surrender the truck to the lender (loan in her name). Can I take her to small claims court to recoup the monies paid towards the loan as I now have equity in the vehicle ?

Michael Francis Barrett
Michael Francis Barrett
answered on Sep 22, 2017

Unless you made an agreement regarding those payments with your ex, and you can prove it, you likely won't have any claim.

1 Answer | Asked in Real Estate Law, Small Claims and Landlord - Tenant for New York on
Q: Suing former tenant

I'm suing a small claim against a tenant who made numerous damages and left a lot of their trash but they didn't paid the last month's rent which was order by the judge. We had to use their security deposit which was not enough to cover their rent. During the court day, they made... View More

Michael David Siegel
Michael David Siegel
answered on Sep 16, 2017

You will get what is in the invoice and the court order. The rest seems weak, but in small claims anything can happen. It is like Judge Judy.

3 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Can I find an old case in Queens NYC small claims court?

It was a missed court date and want to know if a judgement was entered

Michael David Siegel
Michael David Siegel
answered on Sep 15, 2017

If you have the index number you can call the clerk.

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2 Answers | Asked in Real Estate Law and Small Claims for New York on
Q: How can i see if someone has filed a small claim against me?
Barry E. Janay
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answered on Sep 12, 2017

You should receive a summons. If you don't then service was not properly effectuated. If you just "heard" from somewhere that you've been sued, contact the clerk of the town you may have been sued in (usually where you live, many times where the plaintiff / aggrieved party lives).

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1 Answer | Asked in Small Claims for New York on
Q: I let a friend borrow money from me without contract or payment plan. What action can I take to get money back?

Let a friend borrow $360 to cover their rent payment

Ali Shahrestani,
Ali Shahrestani,
answered on Sep 6, 2017

You can file a small claims action and bring any evidence you have to prove your case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... View More

3 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Small Claims for New York on
Q: Someone who put a phone on my account refused to pay her part of the bill and has left me with an over $400 bill!

She sent me texts complaining about not having money and needing a phone so I offered to help and she said she would pay her half of the bill then went to Verizon and bought a new phone with me there. Then lost her phone and went and bought another brand new iPhone and raised the bill to well over... View More

William C. Head
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answered on Aug 14, 2017

Treat this as a valuable life lesson. Cut off that phone, asap.

Then, if you have the time, sue her in small claims court.

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1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Customers won't pay me for a shoot I already did. How can I get paid?

I'm a professional photographer. A customer commissioned me to take photos for her restaurant. We didn't negotiate the price before the shoot but was agreed it would be the industry standard. After I did all the work, I told her it would be $600, which by industry standard is very low.... View More

Michael David Siegel
Michael David Siegel
answered on Aug 13, 2017

Small claims. Whether it is worth the effort is up to you.

1 Answer | Asked in Small Claims for New York on
Q: My son died in October 2017 his older brother came and took his favorite Jersey can I sue him to get the Jersey back
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 9, 2017

Yes you can and you WILL WIN on the issue if liability, you just might get the jersey back and attorney's fees.

Our firm handles small claims cases up to including $5000, the jurisdictional limit for the score in New York, for a flat fee of $620.

Please feel free to contact...
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2 Answers | Asked in Products Liability, Business Law and Small Claims for New York on
Q: Purchased a brand-new car, but later found out the car has been re-painted; not disclosed; surface chipping; fix refused

I’ve purchased a brand-new car, but later found out that the car has been re-painted and the dealership did not disclose the information.

A couple weeks ago, I noticed the surface of the car was chipping away and when I called the company’s call center, I was told that the warranty... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 7, 2017

My suggestion is to call the Attorney General's office. If the dealer is too sleazy to pay, then you can bet this has happened before. You were sold a NEW vehicle, not one that had been damaged and repaired.

https://ag.ny.gov/bureau/consumer-frauds-bureau

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2 Answers | Asked in Criminal Law, Small Claims, Social Security and Consumer Law for New York on
Q: 6 years ago my boyfriend used two of my credit cards to buy me a $10000 engagement ring. He was making Some of the

Minimum payments while we lived together. After we broke up 3 years ago he stopped making payments and refused to. About 2 years ago he came to my house and took the ring without me knowing because he still had his house key. I have been asking for the ring back or for him to make the payments he... View More

Michael David Siegel
Michael David Siegel
answered on Aug 7, 2017

As to the credit cards, nothing. As to him, you could sue for the ring or the payment. He cannot keep the ring, the proceeds of the ring and not pay.

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2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Do we have a chance of winning a small claims court case

Son gave keys to friend to remove book bag from vehicle that he left there. Friend decides to take vehicle for a ride without permission. In possession of the vehicle he blows the motor. He admits on police report that he use the vehicle without permission do we have a case

Michael David Siegel
Michael David Siegel
answered on Aug 4, 2017

Yes, but you are going to have to prove the damages with invoices from the mechanic that repaired it.

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1 Answer | Asked in Products Liability and Small Claims for New York on
Q: I was passing through the aisle in class a dropped someone's comeputer by accident Am I legally obligated to fix it?

This happened at school and she is trying to make me buy her a new one. I offered to have it fixed but she wants me to buy her A new laptop. When I was passing through I said excuse me and her laptop was on the edge of the desk. Im currently in a very tough situation and cant pay for a $1000... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 2, 2017

It depends on her own measure of fault, e.g., was the laptop too far out in the aisle? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... View More

1 Answer | Asked in Family Law and Small Claims for New York on
Q: How can I claim my fathers guitars from someone who took them last year

He was in the hospital at the time they were taken

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

Who took them, and under what right? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Small Claims and Landlord - Tenant for New York on
Q: im 17 and my upstairs neighbor said to me say he was going to have my car towed for blocking the driveway can he do it?

I park in the front part of the driver because it's easier for my mom to get in and out of the car and I have told him before that he just ask me before getting up to my car and honking I would have it already moved for him

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

What does your lease say about parking rights? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

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