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New York Small Claims Questions & Answers
1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: Can I be served papers that are dated 3 months back?

I was served papers by a debt collecting law firm, but the papers are dated December 30th, 2019, the Filing date is March 9th 2020, today is June 20th, 2020. I found the papers on my mailbox.

I don't know if these papers are valid, I have never spoken to this firm and we have never... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 20, 2020

Due to the PAUSE order of Gov. Cuomo, all deadlines for service were tolled, meaning based upon your post, service is valid "nail and mail" service. Do not ignore the paper. File an answer, and then negotiate with the attorney.

1 Answer | Asked in Consumer Law, Small Claims and Copyright for New York on
Q: Is "Ain't nobody got time" protected? If I made mugs that had this written on them could I be fined? Sued?

Correction ..."Ain't nobody got time for that"

John Brian Hudak
John Brian Hudak answered on Jun 12, 2020

Confirming the risk free use of a trademark can take some time and resources for searching—and analysis of what is found.

Trademark rights are obtained when a mark is used to identify the source of goods/services. A trademark search should determine if someone else is using a trademark...
Read more »

2 Answers | Asked in Consumer Law and Small Claims for New York on
Q: I took my vechicle to an express lube place to have my oil changed and the guy put too much oil in.

It end up destroying my engine. I was taking the owner to small claims court and he wanted to go through his insurance company to settle out of court and I accepted his offer. I gave him all the receipts and documentation to file the claim. A few months went by and I haven't had any word from... Read more »

Michael David Siegel
Michael David Siegel answered on May 27, 2020

Just go to court and get a judgment and collect it.

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2 Answers | Asked in Education Law, Legal Malpractice and Small Claims for New York on
Q: Can I get a lawyer for an overlooked application to a degree program in college?

I applied for a nursing program at a local community college within the deadline period. I’ve been waiting for an acceptance letter, which was to be sent out the 3rd week of April. It turns out my application was never put in the system and I was completely overlooked, while my grades are higher... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 23, 2020

No. You were not discriminated against. You were just a victim of bureaucratic error. You have no contract with them just by applying. I see no case.

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3 Answers | Asked in Foreclosure, Real Estate Law and Small Claims for New York on
Q: Ex-partner and myself is on mortgage; how do I go about removing my name?

We separated two years ago, and part of our agreement was for me to move out, and she'll retain the home, as long as she can maintain the monthly payments. At the time of agreement, I didn't have the resources to do things the RIGHT way and wanted the path of least resistance to just take... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 7, 2020

What you have not confirmed is whether you are on title as well as the loan. If on title, bring a partition action to sell the property by court order, and in turn, pay off the loan. That may also force her to refinance. If there is no equity in the property, there is little you can do, but let... Read more »

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: What rights do I have as a renter during the pandemic?

I am locked into a lease until August. Recently, my household income has taken a huge hit due to reduced hours worked and wages earned, and we are struggling to make ends meet. I have always made payments early and have a great history with this company. I contacted my landlord and explained the... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

Residential or commercial? If commercial, apply for Federal loans that pay for rent. Either way, there are no evictions for 90 days, at which point, we should all be back in business.

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1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Will I be able to get my money back?

I hired a dress designer who gave me a deal on a dress where if I referred two people the dress would be half off. I did the promotion paid her $975 and she insisted i hadn’t completed the promotion and if I wanted the dress I would have to pay $825 more. She sent me a video of the dress and the... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

When the courts reopen, you can file a small claims case.

1 Answer | Asked in Small Claims for New York on
Q: Can I get $ from the lube shop and/or the bank responsible for the driveway shearing off my heat shield?

Lube shop left my heat shield loose then an uneven bank driveway sheared it off. The atm was broken no transaction there.

Tim Akpinar
Tim Akpinar answered on Mar 21, 2020

It could be a difficult case to prove. The time and cost of surveying/measuring the curb cuts for the driveway, and presenting in a credible and impartial manner to the court could run more than the heat shield replacement. And the delays resulting from pursuing a legal course of action, as opposed... Read more »

1 Answer | Asked in Banking, Car Accidents, Contracts and Small Claims for New York on
Q: I traded my car in, they still haven't paid it off, and it will default on a few weeks. What can I do from here?

Long story short, I traded my car in back in December and it still hasn't been paid off over three months later. In response to one of the answers received: the plates were taken off and registration WAS cancelled. In January, I received a letter stating that the car was involved in an... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 14, 2020

When you traded in, you should have taken the plates and canceled your registration. Sounds like you left the plates on, which is your fault, and the part of the scam here.

2 Answers | Asked in Divorce, Family Law and Small Claims for New York on
Q: How do I violate/file against my ex for not following our divorce decree to take my name off the mortgage?

2 years Divorced. Ex was awarded home in divorce decree. We (myself and he) agreed he could have the house provided HE pay all the transfer fees associated with removing my name from the mortgage. He even provided a notarized statement to the judge that he would remove me from the mortgage after... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 26, 2019

You need to file a post judgement divorce proceeding seeking enforcement and contempt

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5 Answers | Asked in Bankruptcy and Small Claims for New York on
Q: Any way to avoid having to show up for a NYC court date for consumer debt which was discharged in bankruptcy?

The court date was set before the bankruptcy (chapter 7 no-asset) case was closed and the debt in question was fully discharged. The lawsuit is for credit card debt which was sold to a debt collector (the plaintiff). Is there a way I can, without leaving myself vulnerable, avoid having to spend... Read more »

Stuart Nachbar
Stuart Nachbar answered on Oct 31, 2019

Just provide a copy of the Discharge to Counsel for the Credit Card Company and t a copy of the Petition showing it was listed, and also provide same to the Court.

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1 Answer | Asked in Civil Rights, Medical Malpractice and Small Claims for New York on
Q: what legal actions can I take against this medical office

I've went to this medical office about once or twice.Due to the unprofessional, and unethical practices, I decided I won't be coming back. That was about a year ago. However despite constantly communicating with the front desk, They keep calling and harassing me since then for... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

You cannot sue them. It is possible that if you are in a program that requires attendance at a doctors office they are calling you for that reason.

As to whether they are billing you or someone else, check your explations of benefits.

1 Answer | Asked in Civil Litigation, Domestic Violence, Identity Theft and Small Claims for New York on
Q: I was in a relationship with someone for 8 months he used me for money what can i do

He would say he loved me or he couldn't wait to wake up next to me every morning i have brain cancer and i loved him in july he borrowed 1,300 dollars he emotionally destroyed me he took my fight to live i was advised to take him to civil court to get my money by a state trooper he told hed... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 22, 2019

The amount involved is small claims level if you want to sue to recover. Run your credit report and put a fraud alert on it if you believe he stole your number. Notify the card companies and get new cards.

1 Answer | Asked in Consumer Law, Small Claims and Collections for New York on
Q: How much interest can be added to a judgement in New York state? the loan was for 10,700, 8,000 in interest was added

Is there any way to fight this amount owed?

Michael David Siegel
Michael David Siegel answered on Aug 5, 2019

Interest on a judgment is 9% from the date of the judgment and is governed by law. Interest before that is governed by the loan documents.

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 »

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