Stacy Mandel Levine's Answers

What are my rights to dispute judgment since I didn't receive notice of the court date

In order for a judgment to have been entered, there is required "service" of the lawsuit. If you go to the courthouse in Queens, on the first floor past room 101 on the right are windows where the clerks are. Bring whatever information you have and bring quarters so you can copy the judgment, the summons and complaint, and the affidavit of service of the summons and complaint, if you need to. (Those papers will show you when and where the lawsuit was supposedly served on you, and you can...

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I miss the deadline

As soon as possible, go to the courthouse and talk to the clerk. I am not sure if the case is in Nassau County Court or District Court (which would be 99 Main Street) but if it is District court, go to the civil clerk on the second floor. If there has been no default you may still be able to file your Answer. If there is a judgment, you will need to file an Order To Show Cause, which is a motion made before a judge, where you will seek to vacate the default. Do not wait to get more papers, go...

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I never got anything from a debt collector now I got a Paper from a court, what are my rights?

You should go to the Court and ask the court for the papers (get a copy of the Summons, Complaint and Affidavit of Service) so you can file a motion to seek to vacate the Judgment. Part of the basis of your motion should be that you were not served; and part should be as to the merits of the case (whether or not you owe the monies sought). Once you can review the court file, you can determine when and how you were served (or not served) with the papers. I wish you the best with your case.

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How to handle court papers that were served improperly?

He should go to the court immediately and go to the clerk's window to fill out an Answer. Part of the Answer should claim that service was improper (you may or may not have this correct, based on your posting, it could be what is called "nail and mail" service that was left at a door) but you should preserve that in your Answer. He should also address the merits of the claim in your answer. Do not wait, as you do not want a default judgment against him. You probably have 30 days from the date...

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I have a collection bill that I agreed to pay $500 for an original bill that was $239.They rose my bill to $700 now

Assuming that you signed an agreement with the collection agency, the agreement that you signed would control what would be due. If you voided a payment and failed to abide by the terms, you would now then owe that balance plus fees incurred in the stop payment. Your best chance is to call the collection office and try to work out, in writing, an agreement that you can abide by until the amount is paid off. Good luck to you.

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Is there a certain time period one can file a lawsuit against a company after having an accident on the property of the company

Three years in NY for a personal injury suit, but, from your question I cannot tell if the person was working at the time, and if so, it might be a worker's compensation issue, which would have different timelines and requirements. The person should consult an attorney immediately to find out his/her rights and proper timeline.

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Can a passenger in a taxi cab sue both the car that hit us and my driver for driving too fast

Yes, you should bring actions against both car owners and both drivers, if different than the owners. Also, you should follow up if any tickets were issued at the scene (you mentioned speeding) and have that information as well. Good luck to you.

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I need help writing an appellate brief for my denied workers compensation

You need to please give more info as to what the details are of your appeal, when it was denied and by which court, and what the grounds for appeal from that court or administrative hearing are. This will help the appropiate attorney respond to you. You can try to call the Brooklyn Bar Association or NYS Bar Association and get a referral for an appellate attorney or, an attorney who concentrates in worker's compensation issues. Good luck to you, and you should not wait for a response here on...

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I haven't get in touch with my lawyer for 2 month. Is That Normal?

It is frustrating when people complain about their counsel being non-responsive, and it is unacceptable if you are calling and those calls are un-returned. (By your question I am assuming you have tried to reach the attorney and have not been able to. If you have not tried to call, you should do that first, of course). If it is that calls have remained unresponded to, I would suggest that you immediately write to your attorney with a letter seeking a status of your case, and send that letter by...

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I live in ny. served judgement papers in 2008 moved out from 2006 can judgement be dismissed also served person not fitting me

You should go to the Court and file an Order To Show Cause. You can ask the clerk for a form to use (I'm assuming you will need to go to either District Court in Hempstead or Supreme Court in Mineola). You will need to sign an affidavit that you were not served, and were not living at the address where service was made. You should also explain the delay in making this motion, assuming you did not know of the judgment in 2008 or the service in 2006. If it has been a year and you waited, you may...