Legal Question in Civil Litigation in New York
Pro Se process questions
I have filed a pro se action and received an answer from the other parties attorney. I have filed an interogatory, a request for admission and a request for address. The time limit has passed and I have heard nothing from the other attorney. Is a phone call in order, a letter or contact the court? How should I proceed?
This suit is against three parties, who lived in New York (Suffolk county) but now only one resides (the primary person). My suit names all three and the responding lawyer acknowledges all three in his response ... is there anything else I need to do regarding the two who are out of state?
This suit is for a substantial amount - $200,000 - and I have found research that indicates I might be able to file a preliminary lien against the defendant before actually going to trial. Is this correct?
Final question: in many states (and federally) I know that the court sets the time table for how the suit proceeds. However, in New York this does not seem to be the case. How and/or when does the court become involved in the action?
Thank you for any assistance you may provide.
3 Answers from Attorneys
Re: Pro Se process questions
Last question first: it depends whether you are in Supreme Court or a lesser trial court. Supreme Court is involved from the purchase of an index number and filing of RJI with court, a requirement.
Since the amount in your action exceeds the jurisdiction of all courts but the Supreme Court,
you should be certain you have properly served the defendants, as required in the CPLR, and that you have alleged an appropriate nexus with NY for each defendant (doing business, or entering a contract) for the court to have jurisdiction over a non-resident.
If there is an attorney representing all the defendants, I don't believe you will be able to obtain a default judgment. They have a certain
amount of time to answer the complaint, or move to dismiss for insufficiency, from the date of service. If they do not, then make the motion and you will find out what the problem is.
Within 120 days after you purchase the index number you must file the affidavits of service on the defendants, or your case will be dismissed.
As to liens, there are many kinds and each has its own basis. For an out of state corporation, not authorized to transact business in NY you might attach a local bank account pursuant to CPLR 6216. However, this is a very complex procedure, as are injunctions and any pre-judgment garnishment; I would recommend
retaining an attorney before trying this.
If you wish to discuss this further please send me additional email, or contact me in my office.
Re: Pro Se process questions
You would need to proceed by motion to the court, the pro se clerk can assist you on the steps. If you would like a consultation to review your case and procedural status, you can call our office.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
Re: Pro Se process questions
What you need to do is file an RJI with the court and file a motion seeking the set aside the defendants answer for failing to respond to your discovery requests. It won't succeed, but it will assign a judge to the case and get things moving for you.
As for the lien, I don't know the facts of your case to provide an answer.
Feel free to contact me if you have any further questions.
Kind regards,
Peter Moulinos
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