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S. Jay Young
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S. Young’s Answers

17 total


  • How can a lawyer help me collect on a small claims judgment....what is the next step to collect at least some of my money back?

    I have been awarded a judgment for $8,000 on a past boyfriend mostly for breach of contract. I do not have a current address ,telephone number or know where he works now since we are know longer in contact. I would like to recover as much as possi...

    S.’s Answer

    I agree with Mr. Levine that an investigator may be necessary. Have you tried to find him through free methods on the internet (social media), by contacting family members or friends? Once you find him, if he is not in the same state where you obtained the judgment, you will need to domesticate the judgment into the new state (ask the court in the state where he lives to recognize the judgment), then attach his wages or other assets. Best of luck!

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  • My lawyers wants to withdraw 2 days before court arbitration but still wants to get paid?

    Long story short, I have never signed a single paper or contract with this lawyer. He has been on my case against a large corporation for about 2 or 3 months. He originally told me this would cost me nothing and his fees would be added onto the am...

    S.’s Answer

    Yes, he can sue. Regardless of whether you reduced your agreement in writing, you did have an agreement that he would represent you for a fee. Oral agreements are just as enforceable as a written agreement. They are just harder to prove. The question will be what the parties agreed to as to how and/or when the fee would be paid.

    As to what you can do, you seem to be asking two questions: What can you do about the attorney and what can you do about the lawsuit? As to the lawsuit, you may object to the withdrawal and ask the arbitrator for a continuance allowing you time to find other counsel. As to your attorney, you should scour through your email or other correspondence with this counsel to see if you have mentioned the arrangement in any contemporaneous writing that may be good proof of your agreement. Especially important will be any indication of how the attorney would be paid in case of termination.

    If he is blocking your ability to prosecute your case through his lack of cooperation with you, he may be in violation of ethical cannons as well. Regardless, your state bar organization may have a fee dispute process which you may use to resolve the matter without having to sue your own attorney. Best wishes!

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  • Can I file a small claim case and a civil action case separately based on two invoices against one company?

    I am a foreigner and a company from Reno owes me $17,000.00 (one invoice is $2,000, another one is $15,000) worth of fully paid goods that has been undelivered. Can I go to small claim court for inv. #1, and file civil action suit on inv. #2? Wha...

    S.’s Answer

    Yes, you may file separate claims, but it makes little sense to do so. For a $17,000 claim, you would file with the district court, but likely be referred to automatic arbitration depending on the exact nature of your claims. There are no limitations for foreigners as long as the business was conducted in Nevada giving the Court reason to oversee a dispute involving the transactions. I would recommend an attorney with business litigation and/or collections experience.

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  • How do my mom and I make my moms ex boyfriend leave?

    My mom wants him to go, he refuses. My mom gave him a 60 day notice and it's been over three months. He threatens us, and he said if we want him to go to give him $3,000. But my mom refuses to. He doesn't work, never has, my mom has always babied ...

    S.’s Answer

    You will need to begin formal eviction proceedings against him. Hopefully, you can follow the procedures for a summary eviction in Las Vegas. It all starts with having him served notice to quit (leave) the premises. Normally, when someone has been paying rent, you would serve them most often with a 5 day notice to pay rent or quit.

    If your mother served him properly with a legal notice already and gave 60 days to leave the premises and he has not, then you will need to follow up with an official 5 day Notice of Unlawful Detainer. If he has not left after the fifth day, you can file with the justice court for summary eviction. If the boyfriend does not contest the matter, the court will grant eviction and you may obtain the assistance of the constable to remove him from the premises.

    You should seek legal counsel.

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  • Does it has to be 5 days for quit or pay? What if I want it to be 3 days?

    I noticed the civil self help center has 5 days, but I want it to be 3 days. Would I be in great trouble? The contract doesn't say any number of days. And if the contract states "it is an immediate quit for non-payment and payment is due on the 1s...

    S.’s Answer

    The amount of time for an eviction notice depends on the reason for the eviction, the type of lease you have (week to week, month to month, or other), and your landlord (whether the housing is government subsidized). A 3 day notice is typically reserved for when a tenant is creating a legal nuisance. A 5 day notice is most common for failure to pay rent. NRS 40.251 prescribes the notice necessary; your situation may vary from what I have described.

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  • Can I put mechanic lien if propertie sells e.g., Do I need a real estate attorney?

    Remember that your question will be posted in a public forum for all to see. Include all relevant details, but please omit any personally identifiable information.

    S.’s Answer

    Mechanics Lien statutes are very specific about how and when notices may be filed. Moreover, they specify who may file them. If you wait until after the property is sold, you may not be able to enforce the lien. You should seek competent Nevada Construction Law counsel immediately.

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  • I purchase 2.5 acres of land in NYE NV a County Tax Property Sale. I get a Quit Claim Deed from the County. Is that good enough

    I wanted the escrow title company check for a clear title from a escrow title company they wont do anything until 2 years after I purchase the property. They told me to go to court and file a Client Title to get a clear title what is a client ...

    S.’s Answer

    The Title Company was likely telling you to sue for Quite Title, which allows a judge to declare that you have absolute rights in the real property. A Quitclaim Deed is simply a way for a party to convey to you whatever rights they may possess in the land while not promising that they possess ANY rights in the land.

    If you want to be certain that you have all rights that run with the real property, you will need to quiet title.

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  • On May 22,2013, the Court of Arbitration, New York found two attorneys accountable not refunding $7500.00 in legal fees.

    How can i proceed in enforcing that judgement by the Court of Arbitration, New York. What is the next step to collect $7500.00 ?

    S.’s Answer

    Typically, your state will allow for entry of a judgment based on the Arbitration award. Although I do not practice in New York, I believe it is allowed by:
    N.Y. CVP. LAW § 7510 : NY Code - Section 7510: Confirmation of award
    Search N.Y. CVP. LAW § 7510 : NY Code - Section 7510: Confirmation of award

    The court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified upon a ground specified in section 7511.

    Once the judgment is recorded, you may begin availing yourself of your state's judgment enforcement tools, such as garnishment, attachment, etc.

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  • I verbally accepted conditions to purchase a new auto from a respected out of state dealer via phone on April 30th.

    Paperwork to fill out regarding the purchase and loan has not yet arrived and therefore has not been completed by me. In the interim, I received a counter offer from a private individual on another car which I would prefer to the other. My questio...

    S.’s Answer

    Oral contracts are as binding in the law as written contracts. They are just harder to prove. Therefore, you could be liable for the contract you formed. You made an offer which the dealer accepted. That forms a binding contract, especially if you already pledged the credit card rewards. Whether the dealer would attempt to enforce the deal (send you to collections, or sue you) is another question.

    Also, the laws of the other state may require an agreement in writing for the purchase of a vehicle from a dealer. I don't know, so further information from you might be helpful.

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  • Can i be charged rent if i moved in with no lease but was hired to remodel at 25 per hour.

    a friend bought a townhouse that needed a lot of work. he offered me live there while doing the work needed. rate was 25 per hour for labor and he would buy materials. labor is now at 5700.00 and he is asking for rent or will evict. the agreem...

    S.’s Answer

    If by "asking for rent or will evict" means you were served with formal notice to pay rent or you will be evicted, you must file an answering affidavit in the court that referenced in the notice within the time allowed, or you will be evicted. When answering, provide the judge information on this arrangement, including anything you have in writing (notes, emails, receipts, etc.).

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