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Edwin Drantivy

Edwin Drantivy’s Answers

1,587 total


  • If the Affidavit of Service is notarized, do I still need the Affidavit of defendant notarized?

    I got her friend to sign and notarize the Affidavit of Service, I want to know if she still needs to sign the Affidavit of Defendant for me to continue with the divorce?

    Edwin’s Answer

    Most likely yes. It depends whether there are contested issues or not.

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  • Does someone need a process server license to deliver more than five "3 day notices" per year?

    I am a tenant; my question pertains to eviction proceedings.

    Edwin’s Answer

    Generally yes, under New York law, if that same person serves process more than 5 times in a calendar year then he/she must be certified.

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  • I have dismissed criminal charges in two separate cases in New York State, and I am wondering if these charges can be expunged?

    Charges were flat out dismissed, with no adverse adjudication. I want them expunged, but don't know if NYS allows expungement. If they do, how would I go about getting that done? Also, how much will this process cost, or can I do it myself?

    Edwin’s Answer

    Unfortunately there is no expungement in New York.

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  • Could the absence of instructions and definitions in my requests for discovery affect my motion to compel?

    The defendant didn't answer my interrogatories and document production in the time limit. However, I omitted to include instructions and definitions. Can objections to the requests be raised for the first time in opposition to a motion to compel?

    Edwin’s Answer

    Yes, it is possible. You can always send amended requests if time permits or the Judge allows it.

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  • My ex-wife is violating everything in the divorce agreement signed by the supreme courts. she wont let me know where my daughter

    my ex-wife is violating everything in the divorce agreement signed by the supreme courts. she wont let me know where my daughter is, or even let me see her on my days. we have joint custody however my daughter lives with her mother. We are in t...

    Edwin’s Answer

    File for Enforcement of Prior Order or make a Motion for Contempt. Seek counsel if you have any trepidation.

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  • How many times can you move for summary judgement

    Hi, I'm representing myself in a litigation in which I am being wrongfully sued and it's quite easy to prove with evidence. I answered the complaint with counterclaims. Can I move for summary judgement on the counterclaims in part or one at a time...

    Edwin’s Answer

    Put all of your claims in one motion. You have one shot to make this motion unless the Judge allows you to file again.

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  • When do I have to counterclaim if an Order to show cause was signed?

    I am the Defendant in a small claims case. I had a default judgment entered against me because I was late to court. I submitted an order to show cause to vacate the judgment, which was signed by the judge. I have to show up to court next week t...

    Edwin’s Answer

    You can make your claim at the hearing, however there is nothing stopping you from filing an Opposition to the Order to Show Cause before the hearing. Speak with a local attorney in a confidential setting as soon as possible.

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  • In ny what are the reasons to get a contested no fault divorce?

    I was told to agree on 170 constructive abandonment, which was not true. What are other options? Irreconcilable differences? Thank you in advance

    Edwin’s Answer

    Irretrievable breakdown in communication between husband and wife for at least 6 months.

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  • I want to evict my roommate because I don't feel safe. I want to give roommate a written 30 day notice. Is this legal?

    I am the sole leaseholder. Roommate signed a sublease that expired over a year ago and is now on a verbal agreement assuming she will stay six more months. Roommate creates a hostile living situation (screaming rages, escalates tiny situations i...

    Edwin’s Answer

    Most likely yes, however make sure to have a local attorney review and analyze your previous sublease as its provisions may still apply to your current situation.

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