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Eric Edward Rothstein

Eric Rothstein’s Answers

35,645 total


  • Can I file an answer in a New York State court by myself, or does an attorney have to do it?

    I received a summons and need to file an answer. Yes I realize you have to tell me to hire an attorney and no I cant afford one. This is for a possible foreclosure that I have offered a deed in lieu of foreclosure to the bank. All I want to know i...

    Eric’s Answer

    You can file it but do you know how to do it or what affirmative defenses to plead? You have to serve it on the plaintiff's lawyer too.

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  • I was falsely arrested in NYC by the police. After being arraigned and released on my recognizance, the DA finally dismissed the

    case after 4 months. Now, I'm looking for an atty. to help me sue the police (city) for false arrest. There was no meaningful investigation whatsoever on their part. I wasn't even questioned by the cops! If this goes to trial, just how far can the...

    Eric’s Answer

    The issue is whether the police had probable cause to arrest you. You need to serve a Notice of Claim.

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  • My ex boyfriend is stalking me. And I have a restraining order against him. Is that criminal case?

    I got a restraining order against my ex boyfriend. But as soon as we got out of court he started calling me, texting me and he went to the place I used to work looking for me. What happens if he get arrested? For how long they can keep him in jail...

    Eric’s Answer

    Assuming it is a full Order of Protection he can be arrested for criminal contempt of court.

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  • I got a passport card AFTER a dui. Does that mean I can travel to Canada from New York ? I was issued a license no restriction

    DUI in Florida Took all my classes paid restitution issued a license without restrictions no special insurance obtained passport card 16 months after. Can I travel? I now live in New York

    Eric’s Answer

    Canada is very tough on letting non-citizens with criminal records or open cases in. I suggest that you call the Canadian Embassy and ask.

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  • Does my mother have a case?

    Had hysterectomy for ovarian cancer in 2012. Ever since she had bleeding. She kept seeing her oncologist and he would tell her she was fine. Finally got a second opinion and saw a different doctor who could VISIBLY SEE cancer hanging out of her bo...

    Eric’s Answer

    The statute of limitations for medical malpractice is 2 1/2 years from the date of the malpractice although is can be extended by continuous treatment for the same condition by the same doctor/group. I suggest that you consult with a medical malpractice lawyer ASAP.

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  • I was assaulted and have a documented medical injury. The assault is on a surveillance video.can i sue

    THE PERSON THAT ASSAULTED ME HAD ME ARRESTED AND LATER SHE WAS ARRESTED BECAUSE OF VIDEO SURVEILLANCE

    Eric’s Answer

    You can sue the person. However, does the person have significant assets to collect from? I handled a similar case and obtained a default judgment against the defendant. Nothing happened for many years in my efforts to collect but the person recently got a job and I am garnishing his wages. The amount per check is small and it will take forever to collect the entire judgment.

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  • What do I put in the letter to the DA to convince them to drop and order of protection?

    I was involved in a domestic violence incident and didn't want a restraining order but they insisted on getting one. I want to have it dropped but not sure what to say I'm my letter to the DA

    Eric’s Answer

    You should not write a letter to the DA without speaking to the defense lawyer first.

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  • If I was to win in court how would I be paid ?

    If I was to win in court and the other person had to pay me how would I receive the money would they get years to pay me back or would the courts pay me then and there and They will have to pay the courts back ?

    Eric’s Answer

    The court does not pay you. You have to enforce the judgment. You can engage the Sheriff or Marshall. It helps to know where the person banks and/or works.

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  • If you are given a field sobriety test without a breathilizer and are told you passed and then find out cop lied is it admissib

    Was not given a breathilizer and was told you passed the fiekd test and at your first court date saw that the policeman was not telling you the truth. If you refuse to go to police location for additional testing, do you have any recourse?

    Eric’s Answer

    The police often tell people what they want to hear to avoid confrontation. Discuss the specifics with your lawyer.

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  • Can I put a lien against?

    Court order for ex to pay me $10,000 over the next 5 years. Ex is currently unemployed and in arrears of $1600 to date. Can I put a lien against her and can it be for the $10,000?

    Eric’s Answer

    What do you propose to file the lien against?

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