David J. Abeshouse’s Answers

David J. Abeshouse

Uniondale Arbitration Lawyer.

Contributor Level 8
  1. Can defendants countersue in small claims court for attorney fees? If so, on what grounds if original claims are false?

    Answered over 4 years ago.

    1. John M. Kaman
    2. David J. Abeshouse
    2 lawyer answers

    In some states, attorneys are permitted to practice in small claims court (although relatively few do, even where permitted, because the cases tend to be "small" which means that the cost of representation [attorneys fees] are considerable, particularly in relation to the amount of money in controversy in the case). But the general rule in most cases in the US (indeed, it's referred to as "the American rule"), is that each party bears his, her, or its own legal fees absent a statute or...

  2. I filed a small claims and won

    Answered over 4 years ago.

    1. Matt Shipman
    2. David J. Abeshouse
    2 lawyer answers

    Generally speaking, you probably can do most of this yourself, to avoid having legal fees usurp a large percentage of your anticipated recovery. While procedures in Indiana may vary, in most states you could serve restraining notices on garnishees, This would be a formal notice, the IN format for which you probably can obtain online, requiring an entity holding money belonging to the judgment debtor to refrain from paying out certain sums to that person -- for example, a bank where the person...

  3. Can I file a small claims lawsuit for repair of damages resulting from a poor roofing job?

    Answered over 4 years ago.

    1. David J. Abeshouse
    1 lawyer answer

    The first two things to do are to review all of the terms of your written agreement with the contractor, and to obtain from the local small claims court in RI a copy of their brochure or booklet describing court procedures (it may even be online). If your case were in NY, you could sue for the limit sum in teh small claims part of the court, even if it were less than your total claim for damages, and it's likely that the same would apply in RI (but again, check the rules, which should be...

  4. Mediation and theft charges?

    Answered over 4 years ago.

    1. David J. Abeshouse
    1 lawyer answer

    An increasing number of criminal courts are using voluntary mediation to resolve "lesser crimes." I just read an article about this yesterday. The point here, however, is that if mediation is "voluntary," then, depending on the local court's mediation rules, it likely will have to be agreed to by both sides -- the complaining party and the alleged perpetrator. The best thing to do would be to review the local court rules to see what they provide. You also should consult local counsel who is...

  5. Can you be forced to make an on the spot decision regarding a mediation offer?

    Answered over 4 years ago.

    1. Andrew Daniel Myers
    2. David Hamlin Madden
    3. David J. Abeshouse
    3 lawyer answers

    In addition to what the other two responding attorneys have said: Note that most mediations are "voluntary" and non-binding, so that while you may have to make an immediate decision as to whether or not to accept an offer (for example, if the other side is insistent that this is their "final" offer), you cannot be "forced" to accept it. Please note that I practice in NY. As they say, "Your Mileage May Vary." Best of luck.

  6. Can an arbitrator amend an award based on discussion with one of the parties without reopening the hearing?

    Answered about 5 years ago.

    1. David J. Abeshouse
    1 lawyer answer

    I'd need more information to provide a specific answer, but as a general proposition, arbitrators are not supposed to have ex parte (private) conversations with one side (outside the presence of the other side). Depending on the particular arbitration forum (or court) in which this occurred, the rules might permit amendments of an award, but that'd likely be in very narrowly defined circumstances and for limited purposes. You might want to look into the possibility of seeking to vacate (...