Can a company in Florida and its owner be made joint guarantors to an overseas firm' debt in a NY guaranty?

The parties can agree to almost anything if it is not illegal. A New York venue clause and New York governing law provision would be helpful if the...

In an answer, are claims made in a defense considered testimony by the defendant?

It is neither testimony nor opinion. It is defendant's pleading, subject to factual and legal proof at trial. It may be worthwhile to confer with a...

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Will I be held liable in anyway when filing my taxes married but filing separately and if she eventually files bankruptcy?

You are not responsible for your wife's foreclosure debt with her ex-husband. In fact, if she files for bankruptcy relief she will likely wipe out...

Defendant answered. Has discovery begun?

Typically the discovery track is selected as part of the Case Information Statement process. A notice of the discovery period and cutoff date...

I filed for bankruptcy in 2011 chapter 7 can I file for bankruptcy again now.

See a bankruptcy lawyer about your options and whether you might qualify for relief under chapter 13. Federal law now requires eight years between...

What are my legal options? Where do I go from here?

Put your complaint in writing. Suggest a certified letter, return receipt requested, being sure to copy the New York State Department of Public...

Will a claim that includes a cause of action whose date falls outside the SOL risk a time bar in a default judgment?

An affirmative defense such as statute of limitations must be pleaded in the answer to the complaint, or by responsive motion. Because no...

Can a complaint that fails to state a claim receive a favorable judgment by default if the defendant fails to answer?

This certainly can happen. Unless the court observes the defect and dismisses the complaint on its own (sua sponte) there is no party to challenge...

How do the execution of default judgments in the superior courts of New York and New Jersey compare.

I regularly practice in New York and New Jersey courts and don't think it is fair to generalize. Both NY and NJ trial judges prefer determinations...

Can I take him to court to get him to pay me back? Is there anything I can do?

If the amount in dispute is under $5,000 you will be able to take your former boyfriend to small claims court on your own. If you have a choice...