Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law

Facing a civil code violation, If a defendant files a Motion

Customer Question
to Dismiss with prejudice, can...
Facing a civil code violation, If a defendant files a Motion to Dismiss with prejudice, can the defendant include damages in the Motion to Dismiss, and is the Defendant prevented from filing a claim for damages in the future?
Submitted: 1 year ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 1 minute by:
8/18/2016
Consumer Protection Lawyer: KnowYourRights, Lawyer replied 1 year ago
KnowYourRights
Category: Consumer Protection Law
Satisfied Customers: 29,485
Experience: Experience protecting consumers against unfair, deceptive, or fraudulent advertising, marketing and financial practices.
Verified

Good morning. Can you share what the cause of action is? Also, what damages has the defendant suffered, as a result of the plaintiff?

Ask Your Own Consumer Protection Law Question
Customer reply replied 1 year ago
Plaintiff NYS, citing a local code in City of Yonkers, has "constructed a pigeon coop without a permit." Damages to Defendant - there is no pigeon coop in the yard; there is no proof that the Def. has a pigeon coop on her property; Def. is a wildlife rehabilitator, many species use the aviary as a reconditioning flight cage; Defendant's aviary does not conform to the definition of "pigeon coop"; the rule for "pigeon coop" in the CIty of Yonkers is unhumane and inadequate for successful rehabilitation; Def. used guidelines from Plaintiff NYS's own Dept. of Env. Conservation, and federal guidelines for the structure; there is no rule or mention of wildlife rehabilitation in the Yonkers code, Yonkers inspector went to the side of the house without a search warrant, without permission and without an escort (they violated rules for inspectors), Yonkers refused to accept Def's plans, saying "it has a roof, you need an architect," but Yonkers approved several shed with roofs on the same property - Def. feels this is discrimination; Yonkers charges are a misdemeanor, and that's part of her record, she has to disclose these when applying for work; Def. was forced to lose time and employment just to gather info to defend herself; Yonkers did not send the notice (summons/complaint) by personal or certified mail, just regular mail; Yonkers has published Defendant's activities which means the public s aware and can interfere and intrude on her work, despite this being detrimental to the welfare of the wildlife she cares for; Plaintiff does not state that anyone was harmed or suffered loss by her actions. Defendant's character and good standing are damaged (she is chair of the neighborhood association) by these charges. Can she sue for damages if the Motion is dismissed with prejudice?
Consumer Protection Lawyer: KnowYourRights, Lawyer replied 1 year ago

Thank you for the additional information. If the defendant has a claim for damages, then they would need to file a counter-claim, against the Plaintiff. Since this stems and comes from the same set of facts, they would need to litigate this and sue for the damages they suffered, by the plaintiff. If the case is dismissed with prejudice, it can not be refiled, so the defendant could not then come back and try and sue, based upon the same set of facts. If the defendant has damages, a counter claim would need to be filed. However, if something happens/changes AFTER the case is dismissed with prejudice, which was not present previously, then they could sue, since it was not at issue at the time.

Ask Your Own Consumer Protection Law Question
Customer reply replied 1 year ago
the "relief" damages could not be included in the Motion to Dismiss? Def. will have to refile? Would it be more appropriate to file a Motion to Dismiss without prejudice? Would they be able to go after me again? How can I stop them from re-charging me, and still sue for damages?
Customer reply replied 1 year ago
What is the City of Yonkers adds something to their code that includes wildlife rehabilitation provisions without the City Council's approval? (They have added words and changed things in the past.)
Consumer Protection Lawyer: KnowYourRights, Lawyer replied 1 year ago

You could file your counter claim and a motion to dismiss their complaint. Often times though, the Judge will dismiss it without prejudice and allow them to amend the complaint and refile. They would only re-file if there is a legal basis to do sue or else they would be barred, if the matter proceeded and there was no violation. Now, if they amend the code, then it would need to be complied with

Ask Your Own Consumer Protection Law Question
Ask KnowYourRights Your Own Question
KnowYourRights
KnowYourRights
KnowYourRights, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 29,485
29,485 Satisfied Customers
Experience: Experience protecting consumers against unfair, deceptive, or fraudulent advertising, marketing and financial practices.

KnowYourRights is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
Further to my questions about a summons I received, the
Hi, further to my questions about a summons I received, the plaintiff also did work on my motorcycle and when I got it back, it had a lot of issues and I have spent about $6,000 in repairs. The summon… read more
KnowYourRights
KnowYourRights
Lawyer
29,485 satisfied customers
In justice court if you are the plaintiff and the defendants
In justice court if you are the plaintiff and the defendants respond with a general denial and a counterclaim, do i need to respond to it before trial or is it to be addressed in court. Incidentally, … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How should I prepare for small claims court in Oklahoma?
How should I prepare for small claims court in Oklahoma? Septic repair guy is charging $1800 for repairs to septic systems that I believe were unnecessary. We refuses to discuss a partial payment or j… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I want to claim fraud against a pet store for claiming my
I want to claim fraud against a pet store for claiming my purchase as an adoption. What form do I use?… read more
KnowYourRights
KnowYourRights
Lawyer
29,485 satisfied customers
I was served with a warrant in debt in the GDC in Prince
I was served with a warrant in debt in the GDC in Prince William County, VA. I live and work in Fairfax County, VA. I met the plaintiff in the City of Alexandria, VA where he maintains an office. I be… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In May 2016 I paid Sears $3,966.37 to replace my home main
In May 2016 I paid Sears $3,966.37 to replace my home main entry door and frame. They did but the door and frame were defective and did not meet the specifications I required during negotiations with … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
Does Oklahoma district courts require a specific format to
Does Oklahoma district courts require a specific format to answer civil monetary claim lawsuits for an amount under $10,000?I want to make sure that I use a correct format. Please provide links to sam… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
My daughter was involved in a car accident in 11/11 at the
My daughter was involved in a car accident in 11/11 at the age of 16 where the road rage incident was caused by the person who cut her off in a lane in front of her , she honked at him for that wreckl… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
894 satisfied customers
I live in Memphis, tn. I would like to know if I need an
I live in Memphis, tn. I would like to know if I need an attorney to file a civil lawsuit against a moving company who stole thousands of dollars of items from me? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
FDCPA question. Plaintiff sends claim with validation notice
FDCPA question. Plaintiff sends claim with validation notice Feb 1st. Debtor demands validation in writing March 1st- Unknown to debtor, Plaintiff has already filed suit Feb 2nd without waiting. While… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I lost a justice case. The judgment was $0.00 but the
I lost a justice case. The judgment was $0.00 but the attorneys fees was $4500.00. How do I know the attorney really spent that amount? The case is over but how do I find out for sure his client gave … read more
LawyerDavid
LawyerDavid
Vice President & General Counsel
Juris Doctor
378 satisfied customers
I purchased furniture from a warehouse clearance center when
Hello, I purchased furniture from a warehouse clearance center when I asked the salesman if it was new he said I would get new furniture. The receipt I signed did say no refunds final sale. When the h… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
What is the correct cause of action for a violation of the
What is the correct cause of action for a violation of the Americans with disabilities act, What about discrimination in housing? In federal court and also Maryland… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Dear Atty, I going to file a counter claim against my
Dear Atty , I going to file a counter claim against my mortgage company on my residence on account of they may have an invalid lien on my home because after reading the closing docs they charged me mo… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,257 satisfied customers
I sued my previous attorney and effectively lost in SC,
I sued my previous attorney and effectively lost in SC, Justice, Court, Collin County, Texas. He counter-claimed for his time. I have been sent the result by the court I owe him $500.00. The appeal ti… read more
LawyerDavid
LawyerDavid
Vice President & General Counsel
Juris Doctor
378 satisfied customers
I sued my previous attorney and effectively lost in SC,
I sued my previous attorney and effectively lost in SC, Justice, Court, Collin County, Texas. He counter-claimed for his time. I have been sent the result by the court I owe him $500.00. The appeal ti… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,065 satisfied customers
Facing a civil code violation, If a defendant files a Motion
Facing a civil code violation, If a defendant files a Motion to Dismiss with prejudice, can the defendant include damages in the Motion to Dismiss, and is the Defendant prevented from filing a claim f… read more
KnowYourRights
KnowYourRights
Lawyer
29,485 satisfied customers
How to make a counter claim that the plaintiff is using the
How to make a counter claim that the plaintiff is using the court to harass the defendant?… read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x