Legal Question in Civil Litigation in New York
Dealing with lawyer's notice and litigation threats
I lived in NYC for 2 years. Last summer,I sublet my apartment to an acquaintance. She knew that I didn't have permission to do so and used that fact to try and make some money. She demanded 4 times the amount she gave me and threatened to go to court if I did not pay. She also sent me many abusive emails. I refused to pay and the case was tried in the small claims court of NY late last year. The judgment was in my favor. I am back in India now but will be returning to NY soon for 3 months as a business visitor. She has heard of this from a common friend. I recently received a notice from her lawyer stating that I had illegally taken money from her and should return it. It also states that I lied in the court hearing (untrue, I had also said she harrassed me, maybe that's what she's talking about) and that she would take further action against me in civil court if I didn't. I have ignored this notice so far since it is total nonsense I have a valid judgment in my favor. 1. Do I have to reply to this even to deny the charges? 2. Can she really pursue any more litigation? Perhaps by making up new charges? She did not appeal earlier. I am in NY only for 3 months so it does not matter if starting a case takes longer or that I'm visitin
5 Answers from Attorneys
Re: Dealing with lawyer's notice and litigation threats
1) It is alwyas advisable to respond. Merely a line saying you do not agree with the contentions ie can ok.
2) She can file if she has energy and resources for the same.
Re: Dealing with lawyer's notice and litigation threats
1. Do I have to reply to this even to deny the charges?
A. No.
2. Can she really pursue any more litigation?
A. Can she, yes. However, do you have a defense - yes. Your defense is the judgment received from small claims court.
Mike.
Re: Dealing with lawyer's notice and litigation threats
Your adversary just can't take a loss. You may want to fight back since you have a judgment in your favor. You may want to begin the process of enforcing the judgment through the marshal's or sheriff's office or you may want to sell the judgment to a collector.
Re: Dealing with lawyer's notice and litigation threats
already replied
Re: Dealing with lawyer's notice and litigation threats
1. Yes, you should.
2. She may try her luck if she has money to waste on litigation; you may visit and carry out your business unperturbed.
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