Civil Litigation Legal Questions

You should move to dismiss the complaint on the grounds of a settlment.  You may not be able to enforce the oral settlement agreement, but the court is unlikely to default you if hte reason you were late responding is because of a contemplated settlement.  The longer you wait, however, the more likely that you will lose on default.... Read More

If you are found in default, you may still have time to cure the default by filing the appropriate paperwork, whether its an Appearance or Answer.  If you have a defense than you should get on that immediately. If you do nothing, as presumably you have thus far, the case will continue to judgment against you without you having to do anything.  Please feel free to contact us for further information.... Read More

Your son would need to start by sending a cease and desist letter to anyone who is defaming him. He should then consider whether he wants to file suit against each person and organization for defamation. Defamation is the act of injuring a person's reputation by making a false statement. A defamatory statement can be made in one of two ways: by libel or by slander. Libel is a defamatory statement published in writing or other graphic form. Slander is a defamatory statement that is communicated or published orally. It sounds like your son is a victim of both slander and libel. To prove defamation, your son would have to prove the following: The defendant published (in writing or verbally) a statement of fact; The statement referred to the plaintiff (your son); The statement was defamatory; The statement was false; With regard to the truth of the statement, the defendant was acting with actual malice, negligent or liable without regard to fault; and  Your son suffered damages from the defamation. One of the first questions your son must answer is what harm he has suffered from the defamation. If has suffered harm, he has a right to pursue damages as a result of the harm caused by the defamation. ... Read More

If a judgment is awarded against you in the lawsuit, a lien can be asserted against your interest in the property.  If by "jointly owned" you mean owned as joint tenants or tenants by the entirety, the lien would only attach to your surviviorship interest in the property.   The judgment creditor would not be able to collect on it until and unless the other owners died, although it would present an obstacle if you wanted to sell the proiperty at any time. If, however, you own the property as tenants in common, the judgment creditor could foreclose on your interest to satisfy the judgment as soon as the lien is recorded.... Read More

When you say you hold possession of title, do you mean that you hold title, or do you just mean that you have possession of your late brother's title documents?  If your brother owned the motorcycle at the time of his death, i.e. had not given or sold it, the current owner is whoever the property passed to under his will.  If he left no will, then it is the person (or persons) to whom the proeprty  passes under the intestacy laws of the state where your brother resided.  Normally, in intestacy, siblings come after surviving spouses, childran, and parents. If you are the proper owner of the motorcycle and the other party won't let you have it, you will have to sue in court to obtain it.  If there has not yet been a proceeding to either probate your brother's will, or, if no will, a proceeding to administer his estate, you will likely have to start one.... Read More

No, you cannot.  The lawsuit was between the Archdiocese and the State of New York.  The Supreme Court's decision was the last and final word on the matter.  And the Supreme Court cannot be sued by individuals for decisions with which they disagree. 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

Yes, if you have proof of the damages (which it appears you do) and the damages are under $10,000, then you can file a claim with the Small Claims Court and represent yourself.  The Small Claims Court has set up an easy procedure meant to assist claimants to collect amounts under $10,000.  You can look on-line for how to file a small claims.  Attorneys cannot represent persons in a small claims case.  Good luck! ... Read More

You need to get with a personal injury lawyer ASAP to establish an "estate" as there may be a claim for your mother death against the other driver. There will need to be a personal representative appointed that can actually hire a lawyer, and that might be you or someone elese if there is a will. Equally your sister may have a similar claim which she can pursue for her injuries. With the crash happeing just over a year ago, its possible that an actual lawsuit has not been filed, but rather an insurance claim made, and that might make a huge difference in how this is addressed. You can call our office at 1-800-922-6442 if you have further questions. ... Read More

Anyone can sue, but I think your suit would be dismissed against the manager personally.  The resident company which you can sue, presumably owes you a contractual duty to take care of the noise and smoking problems, but the manager personally does not.  Any duty he owes is to his employer, the resident company.  Before you decide to sue, you may want to complain to the resident company that its manager is not handling his/her duties.... Read More

Yes and no.  Yes, civil courts can award relief other than money, for example enjoining someone from using your trademark, or compelling a landlord to make repairs.  Unfortunately the relief you're asking about is probably beyond the court's power to grant in this suit.  If you sue for money and win, however, you can try to settle the case along the lines of forgiving some or all of the money judgment if your ex agrees to complete the programs you've outlined.... Read More

This all revolves around who paid for the vehicle and who invested what it in it. Its unlikely a civil theft issue exists BUT she can still sue for money damages and equally can come take the vehicle as its equally hers and you are denying her equal use of the vehicle. You will likely need to retain a lawyer to sort all this out properly before it escalates further. ... Read More