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


Asked on 7/08/09, 7:58 am

5 Answers from Attorneys

Pranav Desai PD Legal & Associates

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.

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Answered on 7/10/09, 1:55 am
Michael Markowitz Michael A. Markowitz, PC

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.

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Answered on 7/08/09, 8:35 am
Locksley Wade Law Office of Locksley O. Wade

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.

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Answered on 7/08/09, 8:47 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Dealing with lawyer's notice and litigation threats

already replied

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Answered on 7/08/09, 10:06 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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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Answered on 7/08/09, 10:37 am


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