WHAT CAN AND SHOULD I DO ??

I agree with attorney Stern. You should also be aware that, in New York, you must have a process server’s license in you serve process more than...

No. This matter arises more frequently during the course of a deposition, where the attorney questioning you will usually instruct you, prior to...

How do I stop a judgement against me?

You would do well to retain counsel to address this. If you have a meritorious defense or were not served properly, your attorney could bring on an...

Small Claims Court, suggested by others here, is your best approach, but this is where your problems begin. First, you need to commence an action...

No. I would not attach the demand letter to the complaint. However, particularly where the making of a demand is a prerequisite to the commencement...

The appropriate vehicle would be a consumer class action not only against Walmart, but the manufacturer of the product, particularly if the...

Can the six year statute of limitations be extended on a fraud case when someone refuse to be deposed?

CPLR section 213(8) provides: 8. an action based upon fraud;  the time within which the action must be commenced shall be the greater of six years...

Can I reserve the right to produce documents requested under Frcp 34 if I cannot locate them

This happens all the time, especially with parties who are, for a variety of reasons, reluctant to produce documents. You can reserve your rights,...

Can a judge reverse a denial of a motion to dismiss?

The court may, sua sponte (on its own motion without formal prompting from another party), recall or reverse the denial of a motion to dismiss. If...

Is it proper to write directly to the judge if one believes there are some problems with filing answers in a particular case?

There are a number of questions here: what kind of motion did you make; why would you give your “notes” to opposing counsel; and, was a transcript...