Civil Litigation Legal Questions

If you sue someone in small claims court and represent yourself, the  out of pocket costs are minimal.  If you engage an attorney to represent you, there's really no way to answer that becasue the  plaintiff is not in control of the costs.  If you start a lawsuit, the defendant may default, or may just answer the complaint, or may make motion after motion and take deposition after deposition, all of which drives up both side's attorneys' fees to a point well above $1600.  For that reason, the defendant in a $1,600 case normally won't defend that vigorously, but just go to trial and take their chances, but they could decide to do more.... Read More

Sorry to hear what you'e been going through.  Inasmuch as your aunt did not owe you any legal duty and was not legally obligated to maintain ownership of the house, you cannot sue her for any emotional distress.  Especially if your mother agreed to the sale of the home.     Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More

an arb award or a judgement is not an order to pay. Its simply a court ruling that you are owed the money and you are left with enforcing it at your expense. You may find that by doing this on your own you were just "tilting at windmills". You can read Fla. Stat. 682 but you will likely need to retain a lawyer at some point to try to collect the money... Read More

  I'm so sorry for your loss.  Unfortunately, you likely do not have a case against the MTA / NYCTA.  The MTA / NYCTA did not owe your father a duty of care.  Additionally, you would have a very difficult time proving that the COVID strain from which your father died was the same strain which had been identified at work as opposed to a strain which you may have brought home from elsewhere.   Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More

I am sorry to learn of this unfortunate situation.  While you may be ultimately liabile if your neighbor were to sue you, hopefully the pool contractor you engaged is properly licensed and insured.  Typically contractors carry General Commercial Liability insurance which is designed to cover personal injuries or property damage resulting from their activities.  As a practical matter, if pool contractor does not make things right, getting neighbor pool contractor's insurance information and to allow neighbor to make an insurance claim would be the first step in this process rather than neighbor suing you.  I wish you luck with this situation. ... Read More

Its a fair bet the order did NOT say that, as judgments are due when they are entered. The interest will likely start runnng from the initial entry date of the judgment. If you have all these questions, its time to retain a family law lawyer to address this situation with you to make sure you are making the correct decisions.  ... Read More

Did you ever file taxes jointly, or hold yourselves out as being married?  If so you could file for divorce with an Application for a Temporary Order to ease with your transition.  If there was no common law marriage you could refuse to leave but then he would most likely file for a "Forcible Entry and Detainer" which would direct the sheriff to remove you, at the hearing you could probably get some time, but ultimately you would have to get out.  Some people file for Victim Protective Orders, which can include an "eviction" of sorts, but in the absence of evidence of threats of imminent harm it would be an improper act to seek a VPO for the purpose of removing the other person. Just as in divorce cases, the best advice is often "don't fight over saving the 'relationship' because that is not something a court can help you with" if you negotiate for reimbursement of things you invested and move-on, in the end he will realize he made a huge mistake. Call a lawyer in your area to discuss any other details that may make a difference, co-mingling of finances is a bigger deal than just where you have been living.  Ask him for financial support to make moving possible, first and last month for an appartment, etc.... Read More

The Statute of Limitations in California is two years.  You may not be able to file a lawsuit after two years from the date of the accident.  However, you might get around the two-year statute because of the circumstances you've stated.  There is a "discovery" period which in your case would be to find the driver.  You really need a personal injury attorney.... Read More

I assume that when you say you don't have homeowner's insurance, you mean that you alwo don't have renter's or condo insurance, since the way that you describe your living situation it sounds like that would be the type of coverage you would have (in NY anyway).  Therefore, you should defend the lawsuit which will be filed against you, which probably means that you should consult a local attorney.  In the lawsuit, you will contest your neighbor's claim that it was a problem with your unit which caused the flooding.... Read More

You may be able to sue her in either state, but not both at the same time.  Given that the tort she committed (coversion of your property, i.e. your clothes) was committed in Hawaii, Hawaii would probably have jurisdiction over her, so you could sue her in Hawaii.  However, small claims courts are usually  courts of limited jurisdiciton, so you might have to sue her in a court of general jurisdiciton, where the court costs are generally higher and the wait times generally longer.  Moreover, even if you win in Hawaii, you're still going to hasve to try to enforce the judgment (which may be a default judgment, making it harder) in Oklahoma. ... Read More