Legal Question in Civil Litigation in New York
To sue in small claims if person has moved out of state
I would like to sue my former attorney for a refund in the fees I paid. I found out that the attorney was not registered to practice in the state of New York. By reading the transcript of the proceedings I have found out thru investigation that my former attorney had done things that were considered by other duly registered attorneys as being malpractice in the State Of New York. I would like to take this attorney to small claims court to get my fees back. The attorney has recently reregistered after I filed a complaint with the Displinary Committee but has, to the best of my knowledge, not return to New York. If I can find the address of the attorney can I send a summons to that address, if it is out of town?
2 Answers from Attorneys
Re: To sue in small claims if person has moved out of state
Mere mailing by you is insufficient. Speak with the Small Claims Court clerk and they should advise on procedure for service.
Re: To sue in small claims if person has moved out of state
Dear Reader:
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
Sorry you had a bad experience with your lawyer.
Small claims courts in New York will not allow service outside of the territorial jurisdiction of the court (ie., county, town, village). In NYC, try the civil court of the City of New York, down by City Hall somewhere. Get the clerk to help you.
As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.
Rod Kovel Attorney at Law 516-312-9900
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
