New York Civil Litigation Legal Questions

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276 legal questions have been posted about civil litigation by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include litigation, complex litigation, and complex and multi-district litigation. All topics and other states can be accessed in the dropdowns below.
New York Civil Litigation Questions & Legal Answers - Page 10
Do you have any New York Civil Litigation questions page 10 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 276 previously answered New York Civil Litigation questions.

Recent Legal Answers

You need an attorney to defend the case. You do not want  the landlord to obtain a default judgment against you. Depending on how you were served, it could be as little as 20 days from the date of service for you to file an answer 
You need an attorney to defend the case. You do not want  the landlord to obtain a default judgment against you. Depending on how you were... Read More
Do you know where the person works? Process server could serve her there. 
Do you know where the person works? Process server could serve her there. 

Lien on someoneone's salary

Answered 12 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
If you know the employer, the Marshal can be sent there for a wage garnishment.
If you know the employer, the Marshal can be sent there for a wage garnishment.

Do I still have to pay the Macy's fine?

Answered 12 years and 9 months ago by Mr. Scott Glen Cerbin (Unclaimed Profile)   |   1 Answer
I recommend to my clients not to pay.  It is a shake down.  The law they purport to sue on allows them to seek civil damages only where the property is not recovered.  However, in all of these case the property is recovered.
I recommend to my clients not to pay.  It is a shake down.  The law they purport to sue on allows them to seek civil damages only where the... Read More

Difference between a civil suit and a small claims

Answered 12 years and 10 months ago by attorney Warren S. Hecht   |   2 Answers
I am not going to repeat the information contained in a response sent by another lawyer. However, it is important to remember that the clock is ticking as to possible cause of actions you would have against you ex-boyfriend.  You do not want to be foreclosed by the statute of  limitations. Thus, you should make this a priority and  hire an attorney and bring  a lawsuit as soon as possible.  ... Read More
I am not going to repeat the information contained in a response sent by another lawyer. However, it is important to remember that the clock is... Read More
There is no SOL on student loans.  Even private loans have the benefits that public loans have.  You need to answer the suit, and get a payment plan, which they will do.  I often handle these matters for less than $1000.  Without an answer you will have a judgment.  Your credit rating will be trashed.  When you get a job, your wages will be garnished.... Read More
There is no SOL on student loans.  Even private loans have the benefits that public loans have.  You need to answer the suit, and get a... Read More
Maybe you have an agreement with the text messages, which are admissible. But are you really going to bring a whole case for this?  One would have to see the messages to evaluate the case.  But probably you should move on and just sell again.
Maybe you have an agreement with the text messages, which are admissible. But are you really going to bring a whole case for this?  One would... Read More

An ex-friend suing me for something that occurred 7yrs ago

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Get a lawyer to answer the case.  These kinds of cases are generally hated by courts, but if you default or do not properly respond, you could have problems.  For less than $1000, a lawyer can handle this case.
Get a lawyer to answer the case.  These kinds of cases are generally hated by courts, but if you default or do not properly respond, you could... Read More

I need to contact a company offering services of filing agent

Answered 12 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer
Unfortunately, you are misinformed. Only lawyers can draft and file litigation documents. If you have drafted the documents you want to file yourself, you do not need a third party to file -- you simply mail the documents to your opponent and to the court clerk.
Unfortunately, you are misinformed. Only lawyers can draft and file litigation documents. If you have drafted the documents you want to file... Read More

Need an extension to Answer a Summoms and complaint

Answered 12 years and 11 months ago by attorney Warren S. Hecht   |   1 Answer
Have you father  up the attorney and ask for an extension. Ask for an additional  30 days. Make sure that the attorney gives him  written consent.
Have you father  up the attorney and ask for an extension. Ask for an additional  30 days. Make sure that the attorney gives him... Read More
You time to appeal a judgment is within 30 or if by mail 35 days of service of the judgment with notice of entry on you or if you were represented, on your attorney 
You time to appeal a judgment is within 30 or if by mail 35 days of service of the judgment with notice of entry on you or if you were represented,... Read More

Will I lose my only asset (my home) if I lose this suit?

Answered 12 years and 11 months ago by attorney Warren S. Hecht   |   1 Answer
Don't you have homeowners insurance. if so you should notify your insurance company asap. If you do not have insurance you should hire an attorney to defend you in the case.  Under no circumstances should you allow the plaintiff to obtain a default judgment against you. 
Don't you have homeowners insurance. if so you should notify your insurance company asap. If you do not have insurance you should hire an attorney to... Read More
It would depend on the type of case and the amount of hours that the lawyer would expect to work on the case.
It would depend on the type of case and the amount of hours that the lawyer would expect to work on the case.
There is no requirement for them to do so. They  can settle at any time. 
There is no requirement for them to do so. They  can settle at any time. 
To the best of my knowledge, there is no restriction on selling razor blades to minors.  The store theoretically could bear some responsibility if it had reason to know that your daughter was going to use the razors to hurt herself, but otherwise no.  I hope that your daughter is ok.... Read More
To the best of my knowledge, there is no restriction on selling razor blades to minors.  The store theoretically could bear some responsibility... Read More

Do I still have to pay an outstanding

Answered 13 years ago by Yelena Kalika (Unclaimed Profile)   |   1 Answer
Based on the facts you presented, it's most probable that the statute of limitation has run out and you now do not have to pay a penny. However, to answer your question I need some additional information from you.  For example, when was the last time you made payments on that credit card? Has the creditor made any attempts to sue you? Have you recently had any conversations with your creditor or debt collector in which you reaffirmed your debt?... Read More
Based on the facts you presented, it's most probable that the statute of limitation has run out and you now do not have to pay a penny. However, to... Read More
Technically no.  Your husband should consider bankruptcy, and you really need a lawyer to try to resolve this.  However, if they come and take the contents, do you really want a trial on who owns what, and how are you going to prove it.
Technically no.  Your husband should consider bankruptcy, and you really need a lawyer to try to resolve this.  However, if they come and... Read More

understanding replevin

Answered 13 years ago by attorney Sharon M. Siegel   |   1 Answer
Forget the legal dictionary.  Actually, this is not a replevin.  It is a conversion action.  But, just go to small claims court and sue for the value of the stuff, and try to settle by getting your stuff back.
Forget the legal dictionary.  Actually, this is not a replevin.  It is a conversion action.  But, just go to small claims court and... Read More
The grounds for challenging a stipulation would be the same as with any other contract - fraud, duress, lack or failure of consideration, lack of capacity, mutual mistake, etc.  You don't specify on what grounds you believe the stipulation is invalid, but you should know that these defenses are not often successful, and are less likely to be successful the longer you wait to challenge the contract.  You don't specify the circumstances under which you signed the stipulation, but if you were represented by a lawyer when negotiating and drafting the agreement, and/or the agreement was endorsed or approved by the arbitrator, your chances on prevailing in your challenge become even smaller.... Read More
The grounds for challenging a stipulation would be the same as with any other contract - fraud, duress, lack or failure of consideration, lack... Read More
Yes, but obviously the contract will provide that you agree to hold this person harmless in return for the information he has promised to provide, and that he is to provide the information to you within a certain time period.  If he does not provide the information, you would not be bound to hold him harmless.... Read More
Yes, but obviously the contract will provide that you agree to hold this person harmless in return for the information he has promised to... Read More

Am I endangering the welfare of a child?

Answered 13 years and a month ago by attorney Warren S. Hecht   |   1 Answer
 Are they also bringing a civil law suit against you and the car owner?
 Are they also bringing a civil law suit against you and the car owner?
Maybe they thought that the bank officer would be a better manager of the money than you.
Maybe they thought that the bank officer would be a better manager of the money than you.
Have you checked with your attorney as to status of case? You can also check online at nycourts.gov
Have you checked with your attorney as to status of case? You can also check online at nycourts.gov
First of all, you say the judgment should be against the business, not you personally.  What form of organization does the business follow?  It is true that corporations, llc's, and the like are separate legal entities, and that their owners are not, in general, personally liable for their obligations, but not all businesses are separate entities.  The owners of sole proprietorships, for example, are personally liable for their business's debts.   Perhaps more important, it si very difficult to have a judgment vacated.  You have already had your chance to raise this defense and failed to do so.  You really have no good reason; you just missed it.  It is therefore very unlikely that you will be able to have the judgment vacated.... Read More
First of all, you say the judgment should be against the business, not you personally.  What form of organization does the business... Read More
Under New York's Son of Sam law, you can get profits.  Check with a lawyer.
Under New York's Son of Sam law, you can get profits.  Check with a lawyer.