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How should I handle a situation where I missed by two days the 20 day period that the law give you to respond after being served for a law suit in NY?

The first thing I would do is look up the case on the website “WebCivil Supreme” (presuming it’s there) and review the affidavit of service. The 20 days, as a legal matter, starts the day after you were served. But as a practical matter, they may turn into 30 days or they may be served late — as a nonlawyer you probably don’t know this but depending on how service is made, it may not be “complete” even if you have the paper in hand. The affidavit of service will tell you when the plaintiff claims he completed service.

We're selling our house. A disabled neighbor put a mechanic's lien on it claiming he did $10,000 worth of yard work. We discover that even without a contract, this will be sustained unless he retracts it. What do we do?

12/15/2020 POSTSCRIPT ON FALSE MECHANIC’S LIEN DEBACLETHANKS TO YOU QUORANS.. THIS EPISODE IS ABOUT TO BE CLOSED. I couldn’t have done it without you. It is not because the lienor was going to finally do the right thing, (he repeatedly changed his mind on that).. But rather, thanks to Quorans who supplied helpful information, including John Christopher who mentioned contacting Bill Fitzgerald (The Onondaga County District Attorney) and to another Quoran (whose contribution & name, I can’t locate at the moment) who cited the law posted here……. the whole thing is about to be closed. (Thanks also to Ken Rosvold, and other Quorans whose answers were highly enlightening). After studying the Lien law above, I wrote a letter to both the County and to the DA citing the law > which was not followed in this case. Just today - I got a call from the DA’s office about it. Not only will they vacate the lien,.. thank God…. unfortunately they also see this as a criminal matter, and are pursuing criminal charges. (Apparently our neighbor has similiar indiscretions on his record). I’m sorry about that. I had communicated to the man several warnings, from day one, that this would lead to trouble for himself. So, now it may be that the die is cast, and he will no longer have a chance to simply say ‘he’s sorry’.So, to wrap.. thank you again. I’m thankful to Quora too, which boasts a well educated readership.Happy Holidays to all,Victoria3:50pm12/15/2020********************************************************LATEST ON THE FALSE LIEN FIASCO - (may be helpful to someone else).I studied the NY law (Statutory Citation: New York Lien Law, Article 2, §§3 to 39-c ) on the subject of terminating a lien.The law says that the lienor must serve the lien to the recipient within 30 days of filing. (This lienor never did file us at all. We discovered the lien 40 days after he filed it, by visiting him with food)The law says the lienor must file an affidavit of said ‘service’ with the county clerk, within 45 days of having filed the lien. OBVIOUSLY he never served the affidavit, since he never served us with the lien. IF I understand the law then the county is obliged (after 45 days) to terminate the lien. (right??). It has been SIXTY days since he filed the lien with the clerks’ office downtown Syracuse (16 October 2020).Shouldn’t the clerk’s office go ahead and terminate this???Answers from Quorans are invited..VJCBWell, unfortunately for us, spinning enough plates as is, (not to mention surviving the ‘bizzard of 2020 events)… this mechanic’s lien situation has yet to be resolved.After so many helpful Quora answers, I resorted to reading the lien document myself.. I found NY law had NOT been followed.. (Which laws, BTW, I learned from Quora responders~! not even my lawyer Lol..) For starters there was NO description of any ‘work performed’ on the lien. Then the lienor, had listed HIMSELF as the person ‘for whom work was performed’. That sounds to me like he’s suing himself.. How did that fly??But Onondaga County was not impressed. They sustained his right to file the fraud. Their answer to me was brief *(no pun intended).. ‘Get a lawyer’.So in this town, it pays to be a crook,.. or a lawyer. They get paid. You pay.Thanksgiving when we visited the loner with a pastry dessert.. (yes, I felt badly for him being all alone on the holiday) he told us before we left.. (of his own volition) that he’d ‘go downtown and cancel the lien’.Later when we visited to find out when he’d do that, he was inebriated, and very talkative. He happened to let slip that we were not the only household he had filed a lien against. (and that he’d reconsidered dropping the lien.. ) (We think he’s that hungry for attention, no matter how good or bad).So in addition to reaching out to the local news stations, we’re thinking of speaking with the FBI about what may actually be a serial extortionist.Quoran thoughts are invited.Victoria

Has someone ever unjustifiably reported you to Child Protective Services? What was the outcome?

It was 1999. I had reported my then husband had threatened to kill myself and our three children because he felt he would have been better off without us. He shrugged off the consequences-he was a police officer and he knew he wouldn’t go to an ordinary prison. I tried to file for an order of protection but it was denied because his fellow police officers mailed and faxed affidavits that he was a great guy and I was the problem. Any city agency I called wouldn’t help me. At best they told me to take my children (special needs children and two with respiratory problems) to the Bronx (from Brooklyn) and live in a homeless shelter. Why should WE leave our house when it was the father causing the problems?? He didn’t pay the mortgage, the utilities or the grocery bills-he would bring home food and clothes for himself and ignore us. Why did we have to be driven from our home while that monster got to stay happy as a clam? It would mean the kids couldn’t go to their school, see my parents-why were we being punished for HIS behavior? The police department finally took away his guns (they told our brother in law he had enough guns and ammo to fight World WR 3, but he wasn’t a threat). The kids and I slept in the basement and I kept the phone and a kitchen knife under my pillow. I refused to be bullied out of my home. Finally someone from the police department read my paperwork and called Child Services. They were investigating him. Even they saw I had the basement made up for us, no one did anything. I had to put the children on food stamps because I had no money. Social Services refused to process my paperwork I proved I filed paperwork against their father. I did. What was my reward? That nice case worker called Child Services against me-for keeping my children in the house with a man I filed charges against. I repeated over and over that HE should be removed! Why should I take my children away from their surroundings. Why did they need to be punished? Ok, yes if you are threatened you should leave. I understand. Understand that I was emotionally abused and wasn’t thinking 100% straight either. And even the therapists agreed and backed me up on why we should stay and he should be taken out. If he wasn’t a cop, he would have been removed and arrested. He called in a lot of favors and got everything dropped or dismissed.The day I was told I was under investigation I called every professional who had worked with the children and me. The allergist and respiratory therapist both filed letters that the boys couldn’t leave the family home because of their ongoing treatments. The psychiatrist, psychologists, social workers all called or faxed the agency that to call me a bad parent was absurd. I brought the kids to appointments, I followed suggestions, I attended open school meetings-while their father did nothing. My investigation was soon closed. Or so I thought. Years later, the Department of Education implemented a new attendance system online. I looked up my younger son’s name. He was listed as being from the Philippines, and the hat his immigrant status was pending. I laughed as he was born in Brooklyn,NY. I stopped when I saw that it listed my case with Child Services and it was listed as open. I flew into a rage. Every person in the DOE was able to see inaccuracies and personal information about my family. I called my lawyer and gave him the phone number to the agency that was in charge of this website. They immediately corrected the information and embarrassed they admitted they leaked information about thousands of parents. The city immediately discontinued their services. I received a letter in the mail saying my past case with Child Service was closed and any inaccuracies connected others it was corrected. And they acknowledged my son was born in America and his immigration status was no longer pending. Sometimes there are just no words left when you see stupidity.

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