Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
I read Article 13 and UCC laws for New York. I am not seeing where it says anything about a new owner selling personal property of mine that was on my farm.
Could you provide any other information? New owners attorney contacted me yesterday and said he filed a Motion to dismiss my case under NY CPLR 3126 (3). He just said in letter but didn't send the motion for me to respond to.
I have an ORDER to pay attorney $ 1235.00 but told Judge on 4-1-13 that I had no money to pay at this time (Pro-Se).
Another expert here. I'll try to assist. Case law is not going to help you. Legal cases are extremely complex and without the legal training to interpret them, you'll end up citing a case that has nothing to do with yours. That's why judges are prone to disregard citations of authority by pro se litigants. They are seldom applicable. Further, if you sued under UCC or some foreclosure sale statute, you are in the wrong area of law to begin with. The case you describe seems to be one of a common law civil conversion. Check it out on Google. Basically, your adversary took personal property that belonged to you and sold it as his own. Thus he owes you the reasonable value of the property that he "converted to his own". Foreclosure Law as well as "sales" under UCC do not apply. If you can still go back and amend your complaint you might avoid having your suit dismissed. But whether you can prove the case at trial, plus collect damages is another matter. AND yes, the attorney must send you a copy of any motion that he files. Call his secretary and ask for one. I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
The lawsuit I filed was for bailment and conversion. If the Judge grants the motion to dismiss does the attorney lose the $ 1235.00 in the Order against me when the Judge dismisses the case?
Attorney asked for discovery. Started to provide. Attorney wrote and offered a settlement of $ 2500.00 and return any property not sold by his client. I offered to settle for $ 10,000.00 and nothing needed to be returned.
I stopped providing discovery thinking we were going to settle the matter. He sent motion to appear in court because I didn't finish discovery by the date Judge set. Judge set a new date for me to finish discovery. Attorney asked for $ 1235.00 for his time to come to court and his clients time to come to court. Judge agreed and ORDER for $1235.00 to Attorney.