Business Litigation Legal Questions

Greetings: It appears you would like to know how to avoid costs and fees when found in contempt.  In New York, costs and fees are generally awarded to the moving party when there is a finding of contempt.  Accordingly, to avoid such an award, the best strategy is to avoid the finding in the first place.  If that opportunity has been missed, then the next strategy is to demonstrate compliance with the contempt order (i.e. purge the contempt).  Compliance must be clear and convincing.  There generally are no other opportunities to avoid costs and fees.  In short, do not ignore a subpoena and if it happens, contact a good New York lawyer to assist you in minimizing any subsequent problems that arise.... Read More

Possibly. However, you will need to be able to PROVE you just learned of the judgment in 2026, and be able to PROVE, not allege, bad service. I say PROVE because many times the record contains information showing prior notice of the lawsuit/judgment, such as wage garnishment attempts, and judgment debtors are generally required to challenge a bad judgment for service immediately or they might waive the challenge. ... Read More

Sir or Madam - The subpoena seeking documents and/or deposition testimony, with which you've been served, is almost certainly "legitimate," in the sense that it relates to a pending lawsuit and is not a prank.  See generally my recent article entitled "What Should My Company In Manhattan Do When It Receives A Subpoena Demanding Documents?" < https://www.davidrichlaw.com/what-should-my-company-in-manhattan-do-when-it-receives-a-subpoena-demanding-documents/ >  No one would pay you a witness fee just to play a joke on you.  The relevant questions are: Do you have good grounds to move to quash (invalidate) the subpoena? If not, ought you retain a New York City Business Litigation Attorney to prepare you for, and to defend you at your deposition?  (If, among other independent circumstances, any documents you produce and/or your deposition testimony may give rise to a claim against you or may jeopardize your employment or any professional license you may hold, then the answer is almost certainly "yes.") Today, you should call an adept New York City Business Litigation Lawyer and schedule an inbtial consultation about your matter.... Read More

Just as a heads up - most competent and coherent lawyers will not take such cases on a contingent fee (get paid when and if you win) especially against an individual. The ability to collect on judgments is exceptionally low. Most lawyers have little interest in working for free. This is likely why the original lawyer declined to go further. ... Read More

That makes no sense. Typically a claims for legal fees has to be made to the court within 30 days fo rendition of the judgment, which means you would gave gotten some notice of the claim. That said, if there is to be a court hearing you have a right to challenge the award of legal fees, and you shoudl discuss this with the lawyer than handled your underlying case. Otherwise, if you were pro-se you will need to now spend money on damage control and what that may entail, including bankruptcy is a different discussion. ... Read More

No idea what you are talking about. There is no legal case "with y'all" when you are posting on a legal Q&A forum nor would there be a case waiting for 20 years to settle. There is no way to find out "whats goin on" unless you are able to identify exactly which lawyer you claim was representing you and you would need to ask them, not random people on the internet. ... Read More

If the masonry contractor’s work caused debris, mortar, or dust to fall onto your property, the neighbor or the contractor may be responsible for the cleanup and any resulting damage. Even if your neighbor hired the contractor, the law generally holds the property owner and their contractor accountable for making sure work doesn’t damage or interfere with another person’s property. Start by taking photos or video of the mess, including dates and angles showing where the debris came from. Then politely notify your neighbor in writing (text or email is fine) that the work created a mess on your property and request that it be cleaned up or paid for within a reasonable time. If the neighbor refuses, you can contact the masonry company directly and explain what happened — they may fix it to avoid a complaint. If neither acts, you can file a claim in small claims court for the cost of cleaning and repairs. If the damage is significant or the contractor continues to trespass onto your property, consider speaking with a Pennsylvania property or construction law attorney for help enforcing your rights.... Read More

If you can’t make your court date, you should contact the court immediately—ideally before your scheduled time. Call the clerk of court’s office listed on your summons and explain that you have a medical appointment that conflicts with your hearing. Ask whether you can file a written request or motion to continue (reschedule) your court date. If the hearing is later today and you can’t reach anyone by phone, you or your attorney should email or go in person to the courthouse as soon as possible to let the clerk or judge’s staff know. Provide proof of your neurologist appointment, such as an appointment confirmation or note. If you simply don’t show up and don’t notify the court, the judge could issue a bench warrant or enter a default judgment against you, depending on the type of case. Acting quickly and showing good cause—especially a verified medical reason—usually prevents that. If you’re unsure how to file a continuance, call the clerk’s office first thing this morning or contact an Alabama attorney who can help you request a new court date properly.... Read More

There are a lot of resources concerning parking lot safety and traffic flow. Today, parking lot traffic flow is done by the numbers. Argo insurance company publishes a good deal of literature on parking lot design. I am pointing to that reference because they published their work in easy to read non-technical language what you. What you need to do is compare the local ordinances industry standards and actual design of the parking lot and you should be able to determine if the design feature that caused your difficulty meets the industry standards or local ordinances. Also, look into the American Association of State Highway and transportation officials they publish comprehensive design manuals for roadways and Facilities like parking lots focusing on safety geometric design and traffic flow. While you're at it you might also want to look into the federal highway administration they publish guidelines, best practices, and research reports on managing traffic flow including design consideration controlled access facilities. In my practice I've used all of these resources.  ... Read More

If a lawyer withdraws from a personal injury case during litigation, he must get the judge’s permission. If the client fires him, he may be entitled to a quantum meruit fee for the value of work performed, enforceable through a charging lien. But if the lawyer withdraws voluntarily, he generally forfeits that right. ... Read More

This is usually the result of pro-se resolutions without using lawyers. At this point you will need to retain a lawyer to review what the settlement was and what they are currently doing and THEN establish some plan to address this conflict. There are no short-cuts nor "cheap" outs to resolve such issues when there are personal vendettas involved. ... Read More

Yes. A judge has the authority to reject your claims of ownership. Just because you purchased something does not eliminate what may be deemed a legal gift or abandonment. By example, if you allowed the brother to keep the tractor at his place where he maintains it  and uses it as his own for 5 years, it might be hard to argue that its your tractor any more, if the spouse claims it was a gift. THIS is why you hire lawyers to pursue litigation cases rather than play lawyer in court on pro-se claims. While the law allows it, the poor results can be expected. ... Read More

Sure - you can dispute just about anything. Whether that is effective or productive all depends on the details of the issues, the costs involved, etc. Your best bet here is to simply tell the shop you don't want "rime parking" whatever that entails and want regular or the cheapest parking cost available or try to negotiate free parking, which is customary unless its a long term project and parking is a benefit to you not the shop. ... Read More