Civil Litigation Legal Questions

As a general matter, if you want to appeal to emotion in your argument, rather than straight facts and law you would want a jury.  In small claims, however, the more important issue is time.  If you want to wait around forever and probably have to come back again at least once, ask for a jury.  In this pandemic age, I'm not even sure a jury trial would be available, and certianly it would be a logistical nightmare which would take time.... Read More

The answer to your question depends upon what the contract is for. But most business transactions can be handled by a commercial litigation attorney. You might consider hiring an attorney who will send a demand letter on your behalf as that would be drastically cheaper than filing a lawsuit. You may have to file a lawsuit eventually but it is a minimal investment to send a letter on your behalf as it might be taken more seriously than your efforts to settle on your own. If those settlement efforts don't work out then you would have to file a lawsuit or an arbitration (the location of which could be determined by provisions of the contract). Consider contacting a commercial litigation lawyer who will review the contract for you and help you assess options. There are some lawyers who will offer these pre-lawsuit services on a flat fee basis.... Read More

Contact a Personal Injury Attorney as soon as possible to review all facts and circumstances-especially details regarding the dog which caused your injury- and hopefully obtain representation. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.... Read More

If you personally have not filed bankruptcy, you personally are not immune from suit.  Under certain circumstances, you may be able to hvae the suit stayed pending resolution of the bankruptcy (the suit against the bankrupt corporation is automatically stayed), but any debt that you owe would not be discharged in bankruptcy.... Read More

You have many defenses, including that it was a gift and that in any case you repaid the money in other ways.  He can sue you for whatever he wants, although unjust enrichment doesn't realy fit as well as breach of contract (to repay the expenditure), but who will wins depends on who the judge/jury believes.... Read More

Can you be used?  Yes.  Will the buyer prevail?  Depends, both on the nature of the problems and when they arose relative to the sale.  Although you may have sold the tractor "as is", if you told the buyer that the tractor was in working condition then it was not sold "as is" but with an implied warranty of merchantability.  Here's an article I found online that you might useful, https://consumer.findlaw.com/consumer-transactions/what-is-the-warranty-of-merchantability.html   Hope this helps. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

If you proceed with trying to reopen a civil case, you need a civil attorney.  If you want the defendant prosecuted for perjury, go to he police and local prosecuting attorney.  The government prosecutes criminal cases; private criminal attonreys defend those accused of crimes.  You can do both, but you will have a very hard time succeeding in either.... Read More

You can't "press charges" without the police and prosecutor.  If you want criminal charges prosecuted, you will have to convince them to do so.  However, you can bring a civil suit for damages against the woman for asasult (a civil claim for assault does not require that you were actually hit, only that you were put in fear of it).  Although you do not claim to have suffered any monetary damages, you may be ble to recover punitive damages, assuming that the woman has the money to pay them.... Read More

There is never any guaranty that you won't be sued; anyone can be sued by anyone for anything.  The best you can do is to stay within the rules so that you will win any suit.  If you make a false statement of fact to at least one third party that harms someone's reputation, you have defamed them (slander is written defamation; libel is oral defamawtion).  Voicing an opinion is not defamation.  Telling the truth is not defamation.  But, again, that doesn't mean that you won't be sued.... Read More

Sorry to hear what you've been going through.  Certainly not what you expected when you purchased your new home.  Based upon what you've described you may very well have a case.  You might want to start by checking if the roof came with a warranty, whether from home manufacturer or the roof manufacturer.  Here's something I found online that might be helpful.  https://www.championhomes.com/homeowner-resources  If there is no warranty and/or the warranty has expired and neither of them are agreeing to cover the cost of repairs, you should find yourself an experienced attorney in your area.  You can find one using the Find a Lawyer tab at the top of the Lawers.com website. Hope this helps, Joanthan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

Try using the Find a Lawyer tab at the top of the Lawyers.com website.  You should be able to find an attorney who has experience handling these types of claims. Best regards, Joanthan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY 10006 (212) 226-6662 www.kdrpilawyers.com... Read More

You can’t remove yourself without the lender’s consent.  You may have co-signed to help your friend, but you obligated yourself to the lender, which has no reason to relieve you of your obligation.  If you had an agreement with your ex-friend that he would refinance when he could, or whenever you asked, then maybe you could force him to refinance, but I assume your agreement to co-sign had no such out. ... Read More

If the total amount of the contract was under $25,000.00, then this is an excellent case under Ohio's Consumer Sales Practices Act, which provides for treble damages and attorney fees. Most consumer lawyers would take a case like this on a contingency basis, so you would not pay out of pocket.... Read More

You can theoretically sell your home, but it would be sold subject to the judgment lien, meaning that if the judgment is not satisfied, the lienor can foreclose on the house even after it's sold, leaving the buyer without a house.  It wouldn't make sense for anyone to buy it under those circumstances.... Read More