Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am pro se and I tried to file a motion in NYS Supreme

Court on January 19, 2017...
I am pro se and I tried to file a motion in NYS Supreme Court on January 19, 2017 after mailing out the papers to all parties via USPS regular mail. However, when I arrived at the clerk's office to file those documents I was informed that I could not due to the fact that the e-file docket showed that there was only a NOTICE OF APPEARANCE (PRE RJI) on record and I would have to pay for the RJI and the motion before filing it. The affidavit of service is dated for today, as well as, the motion.I would like to know will my motion and service papers be properly and timely when I complete and pay for the RJI and motion file submissions on January 22, 2017 or is there anything else needed for timely and proper correction of the papers?
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 1 hour by:
1/20/2018
Damien Bosco
Damien Bosco, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4,558
Experience: Attorney. Well versed, understanding, friendly
Verified

Hello Anthony: I saw that you requested me. Let me review your question.

Ask Your Own Consumer Protection Law Question

It should not be an issue that you served the papers, dated today, and then file the motion papers on Monday. A motion does not have to be filed the same day it is served. From what you are saying, the court did not reject the filing of the motion because of an error in the motion papers but only because you have to also file the RJI. So, on Monday you would file the motion along with the RJI, the clerk should accept it the motion for filing and you can request a stamped copy of it for proof of filing.

If by chance that the clerk does not accept the motion for filing, then you re-date the motion and the return date, and serve it again and then file the newly dated motion. As a courtesy you could call the opposing party to informed them that original motion is null and void.

I have been happy to help you again after you requested me.
If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Ask Your Own Consumer Protection Law Question
Customer reply replied 4 months ago
Thank you for your response in answering my question. Also, based upon your answer an important compound questions comes to mind in this matter. I would like to know by my filing the RJI what affect would it have upon my defense pursuant to RPAPL 1301(3) and by filing the RJI am I as a pro se defendant in contravention to RPAPL 1301(3) which states: While the action is pending or after final judgment for the plaintiff therein, no other action shall be commenced or maintained to recover any part of the mortgage debt, without leave of the court in which the former action was brought? For example, my defense is that the plaintiff pursuant to RPAPL 1301(3); impermissibly commenced this action because there is a prior pending action to recover all or part of the mortgage debt.

Hi Anthony: Your follow up question would require me to perform research. It could take some time. Would you like me to perform it? I can send you the premium service offer. Just let me know. When you accept it, I perform the research and we can discuss it.

Damien Bosco
Damien Bosco, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4,558
Experience: Attorney. Well versed, understanding, friendly
Verified
Damien Bosco and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Damien Bosco Your Own Question
Damien Bosco
Damien Bosco
Damien Bosco, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4,558
4,558 Satisfied Customers
Experience: Attorney. Well versed, understanding, friendly

Damien Bosco 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
I have a problem with Michaels, the craft and art chain. I
I have a problem with Michaels, the craft and art chain. I have twenty five pieces of art. I noticed one piece was warped. I then went through the other 15 paintings I have and all but one are warped.… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,574 satisfied customers
Can a creditor that gets a Judgement in Texas seize my bank
Can a creditor that gets a Judgement in Texas seize my bank account … read more
Jessica B
Jessica B
Juris Doctor
1,052 satisfied customers
Adverse possession who would handle this what type of
Adverse possession who would handle this what type of attorney? I need stay on home until I can get a matter straightened out… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I lost my license, and registration went bad on my car so i
i lost my license, and registration went bad on my car so i was unable 2 keep driving it . i only owed $2000 on the the whole car to pay it off i had been paying on this car 4 almost 4 years through t… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,574 satisfied customers
I have attended the Trump University course and did not
I have attended the Trump University course and did not realize that there was a Class Act settlement May of last year 2017 that I failed to enroll into but now the settlement is complete and I feel l… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question in regards to purchasing a leom car from a
Hi I have a question in regards ***** ***** a leom car from a private seller … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My children are involved in our county 4-h. I volunteer and
My children are involved in our county 4-h. I volunteer and put in over 50 hours a year in volunteering to be the leader of their club. I admit that in my busy full time job/4 kids/in volunteering I t… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,243 satisfied customers
If you have a contract for work valued at $60,000, with a
If you have a contract for work valued at $60,000, with a contractor who is not licensed in the state of Mississippi, when contractors are supposed to be licensed for work that is $10,000 and over, th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I enrolled in a vocational school and signed a contract. The
I enrolled in a vocational school and signed a contract. The contract stated that there are "no refunds" of any kind. Period. I enrolled and paid the full $8,000 tuition. I dropped out due to family i… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,574 satisfied customers
I was driving to an appointment north of Austin, Texas last
I was driving to an appointment north of Austin, Texas last week and had a fender bender with a vehicle in front of me that slammed on his brakes. This happened in heavy traffic on I-35 around 10:00 a… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My wife went to purchase an AMAZON gift card at Circle K,
my wife went to purchase an AMAZON gift card at Circle K , she gave the cashier 200 dollars, long story short they didn't know what they were doing, and the card was never validated. In the meantime t… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,574 satisfied customers
I am suspecting my kids accidentally (and not even aware of)
I am suspecting my kids accidentally (and not even aware of) made a purchase from groupon it is $1,219 purchase of city go card on groupon, and I didn't recognize this charge. Tried to dispute wtih groupon and they said they didn't find any fradulent activities in my acct and refuse to cancel the order My kids would have no intent to purchase this. We are not planning to go Hawaii at all (where the go city card for) … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,243 satisfied customers
I would like to sue or go to arbitration for a settlement
I would like to sue or go to arbitration for a settlement with a bank. I opened a deposit account with a financial institution that claims "No Fees". I make regular ATM withdrawals in Mexico, and acco… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,344 satisfied customers
Can I file complaints with the State Bar; Department of
Can I file complaints with the State Bar; Department of Insurance and Contractor's State Licensing Board at the same time for the same complaint?I hired an attorney who specialized in insurance law to… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I purchased a used washer and dryer from Craigslist. The
I purchased a used washer and dryer from Craigslist. The seller ‘discovered' that one of the washer hoses leaked and then discovered a leveling foot was missing on the dryer. Would bring them in the m… read more
LegalGems
LegalGems
Juris Doctorate
11,942 satisfied customers
I have purchased a cell phone and it is locked to
I have purchased a cell phone and it is locked to tracfone.Tracfone refuses to unlock the phone because they said that I have a lon-term contract. … read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
896 satisfied customers
My 34 son was hit by a drunk driver when he was 18. This has
My 34 son was hit by a drunk driver when he was 18 . This has left him with short term memory loss and since he blew open the left side of his head he says the f word all the time . He brought his tru… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
You helped me refinance my home last year and now I really
You helped me refinance my home last year and now I really need your help again.My boyfriend is overseas where he worked on a self financed building project and he is literally stuck over there. He go… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,243 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