how to sue states attorney for breaking deal

How do I sue my business partner?

Feb 06, 2012 · Srabone Monir, Esq., is an Attorney based in New York. She received her JD from the St. John's University School of Law in 2013, and has used her legal training in positions for 32BJ SEIU, the New York Legal Assistance Group, and Disability Rights New York. She is currently a Principal Law Clerk with the New York State Supreme Court.

How do I sue someone for breach of contract?

Mar 30, 2016 · 3 attorney answers. Depends on what you wish to sue the State for!! Be aware of shorter statutes of limitations and the need for a notice of claim for many State actions. You may have up to three years but need a notice of claim and claim may be subject to a ceiling of $2-300,000. Confirm with local counsel.

Can a seller sue a buyer for breaking a real estate contract?

May 23, 2000 · 1. the name and address of the claimant and his attorney if he is represented; 2. a concise statement of the basis of the claim, including the date, time, place, and circumstances of the act or event complained of; 3. the amount requested; and. 4. a request for permission to sue the state, if such permission is sought.

How do I file a lawsuit against a lawyer?

Jul 24, 2020 · About Us; Attorney Marketing. Become a partner; ... I was told 150.00 would book my appointment and that I need to hurry and pay before the deal is off. ... I have a classic BMW 740i and I have to pay just over $23,000 for repairs. I sent him a “Letter of Intent to Sue” and I need to find an attorney who will take my case so I can sue him ...

Can you sue a state's attorney?

1. A State Attorney possesses absolute immunity from civil liability in tort actions brought in state courts and in Title 42 U.S.C. s. 1983 actions in federal courts for conduct falling within the scope of his or her prosecutorial duties.

What are the easiest things to sue for?

The law must support your contention that you were harmed by the illegal actions of another.Bad Debt. A type of contract case. ... Breach of Contract. ... Breach of Warranty. ... Failure to Return a Security Deposit. ... Libel or Slander (Defamation). ... Nuisance. ... Personal Injury. ... Product Liability.More items...

What are good reasons to sue?

Here are 11 top reasons to sue someone.Compensation for Damages. A common form of this is monetary compensation for personal injury. ... Enforcing a Contract. Contracts can be written, oral or implied. ... Breach of Warranty. ... Product Liability. ... Property Disputes. ... Divorce. ... Custody Disputes. ... Replacing a Trustee.More items...

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Can I sue someone for emotional distress?

You can claim for the emotional distress the discrimination has caused you - this is called 'injury to feelings'. You'll need to say how the discrimination made you feel. Ask your family, friends, colleagues, medical professionals or support workers if they'll be witnesses to how the discrimination affected you.Jan 28, 2019

How do you win a court case?

FOUR THINGS TO REMEMBER TO WIN A COURT CASETell the Court Everything That It Wants to Know. ... Know the Facts and Questions of Law. ... Present Your Case Convincingly. ... Avoid Lengthy Unreasonable Arguments & Tiresome Cross Examination.

What are legal reasons?

The legal rationale behind a court's judgment, expressed verbally or in writing. Related Terms: Judgment. A Court's written or oral reasons - justification or rationale - for issuing an order or judgment; thus, sometimes referred to as reasons for judgment.

Is suing someone worth it?

Is Going to Court Worth It? Again, it just depends on the specifics of your case. If you have a strong case and a good attorney, suing a person might be worth the costs. But if your case isn't as clear and you don't have a large budget, you may want to think twice before going to court.

What is a Class A action lawsuit?

When a group of people who have been injured in a similar manner file a single lawsuit to seek compensation as a group, this is known as a “class action lawsuit.” You may also hear these types of cases referred to as “multi-district litigation” or “mass tort litigation.” Often, these cases are filed against ...

What are examples of ethics violations?

Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.Aug 14, 2015

What is professional misconduct for a lawyer?

The expression professional misconduct in the simple sense means improper conduct. In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behaviour of an advocate in violation of professional ethics for his selfish ends.

Why is my attorney not fighting for me?

For example, in a custody, divorce, criminal, or civil case, your lawyer might not be fighting properly. It might be a sign of incompetence or even a conflict of interest in your client attorney relationship. If you believe that my lawyer is not fighting for me, it may be due to the lawyer's style and mannerisms.Jul 24, 2020

Can I sue a lawyer for lying?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.May 8, 2020

Can you sue a lawyer?

Lawyers may make mistakes from time to time. A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.Jul 12, 2020

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What is professional misconduct for a lawyer?

The expression professional misconduct in the simple sense means improper conduct. In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behaviour of an advocate in violation of professional ethics for his selfish ends.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Why is my attorney not fighting for me?

For example, in a custody, divorce, criminal, or civil case, your lawyer might not be fighting properly. It might be a sign of incompetence or even a conflict of interest in your client attorney relationship. If you believe that my lawyer is not fighting for me, it may be due to the lawyer's style and mannerisms.Jul 24, 2020

What Are the Grounds for Suing a Business Partner?

There are a number of circumstances that might justify a lawsuit against your business partner. For example: Your partner breaches a fiduciary duty...

Can I Sue My Business Partner for Negligence?

If your partner acts negligently, it could affect your business in a number of different ways. For example, your partner may harm the business by n...

Can I Sue My Business Partner for Abandonment?

If your partner abandoned the business, you will likely need to take action to expel the partner or dissolve the partnership. In most cases, the pr...

Eliot M. Wolf

Depends on what you wish to sue the State for!! Be aware of shorter statutes of limitations and the need for a notice of claim for many State actions.

Jeffrey B. Lampert

As Mr. Slick and Mr. Wolf indicated, you should seek counsel from some one familiar with bringing law suits against the state, and the type of lawyer depends on the nature of your claim.

Michael Slick

You need an attorney who has experience with sovereign immunity and the requirements/limitations of this area of law. As previously stated, there are very strict rules governing how to place the State on notice and when such a notice must be filed. If you miss the deadline for doing so your claim will be barred.

Who can authorize a claimant?

The General Assembly or the commissioner can authorize a claimant. to sue the state when they deem it just and equitable and when the. claim, in their opinion, presents an issue of law or fact under. which the state, were it a private person, could be liable.

What does the General Assembly do to authorize a person to present a claim after the time passes?

The General Assembly may, through special act, authorize a person to present a claim after the time passes if it (1) deems the authorization to be just and equitable and (2) makes an express finding that the authorization is supported by compelling equitable circumstances that would serve a public purpose.

What is a notice with the clerk of the Office of the Claims Commissioner?

This notice must contain: 1. the name and address of the claimant and his attorney if he. is represented; 2. a concise statement of the basis of the claim, including the date, time, place, and circumstances of the act or event complained of;

What is condition of a building, park, or ground owned or leased by the state?

state must, within a reasonable time after the damage or injury, notify the official in charge of the date, time, place, and. circumstances of the damage or injury. But no claim can be defeated.

Can a claim against a state employee be brought directly to court?

Claims against state employees for negligence must be presented as a claim against the state to the claims commissioner or against the state as a lawsuit against the state if it is a type of case the legislature permits to be brought directly to court. PROCESS FOR MAKING CLAIMS AGAINST THE STATE.

Can a state be sued for negligence?

Under the common law sovereign immunity doctrine the state cannot be sued for negligence without its consent. In response to this doctrine, the state has created a claims commissioner and a structure to process negligence and other claims against the state. Thus, most negligence claims would have to be presented to the claims commissioner.

How to sue someone in California?

California Courtslists these as the steps for how to sue someone. Keep in mind the actual courts and processes may vary by state, but generally you will need to do these things if you’re pursuing a case by yourself: 1 Figure Out How to Name the Defendant 2 Ask for Payment 3 Find the Right Court to File Your Claim 4 Fill Out Your Court Forms 5 File Your Claim 6 Serve Your Claim 7 Go to Court

How much money do you need to file a small claims lawsuit in Texas?

In Texas, a small claims court actionis one that demands $10,000 or less in damages. If the damages are more than that amount, you’d need to file a personal injury lawsuit to recover costs.

Why did PayPal shut down?

If I’m understanding your question correctly, it’s that you didn’t lose the money, but your PayPal account was shut down because it was associated with a fraudulent transaction. If that’s the case, you can call PayPal and find out what you can do to reconcile your account and resolve the situation.

What happens when someone steals someone else's property?

When someone steals someone else’s property, the victim can notify the police ( in which case the person may be charged with criminal theft). The victim can also file a civil suit (in which case the person can recover the fair market value of the stolen property). Reply. Linda Mcgrathsays.

What happens if someone disobeys a court order?

When someone disobeys a court order, you can file a contempt action in an effort to get them to comply. If the court finds that the person did in fact disobey the order, the court may fine the person (or even put them in jail). In addition, the court will take steps to force the person to comply with the order.

What happens if you get elements wrong?

If you get the elements wrong, the court might take pity on you as someone appearing pro se(without a lawyer) and let you refile, but some judges will toss your case out. At the very least, ask an attorney what type of case you have to make sure you are correct the first time.

Why is being a lawyer so hard?

Being a lawyer is hard; that’s why it takes so much time and money to become one. Lawyers typically do not represent plaintiffs at small claims court because the stakes, shall we say, are too low — but that makes those cases no less complex for a layperson.

What to do if your business partner is a wrongful business partner?

On the other hand, if your business partner is already damaging your business by their wrongful actions, a lawsuit may become necessary to salvage your business or your own personal interests. If you are facing a dispute with a business partner, you should consider speaking with an experienced partnership lawyer.

What happens if a partner acts negligently?

If your partner acts negligently, it could affect your business in a number of different ways. For example, your partner may harm the business by negligently performing their duties. This may be a breach of the partnership agreement or a breach of the partner’s fiduciary duty of care. Another situation that might arise is a business partner ...

What happens if you abandon a partnership?

If the abandonment breached the partnership agreement, you may also be able to recover damages against your partner or take advantage of other remedies outlined in the partnership agreement.

What are the remedies for a business partner?

Possible remedies may include: Monetary damages, Requiring the partner to perform its obligations, Expelling the partner from the partnership, and. Dissolving the partnership.

Can a business dispute end a partnership?

Even serious business disagreements do not have to mean the end of a partnership. However, the longer a legal dispute between partners drags on, the harder it will be to mend fences and work together again as partners. An attorney can advise you about alternatives to suing your business partner, such as arbitration or mediation.

Can a business partnership break down?

Just like with a marriage, no one enters a business partnership expecting it to break down. Unfortunately, despite your best efforts, serious disputes sometimes arise between business partners. In many cases, you may be able to reach a resolution and move forward with your business. In other cases, more serious reorganization may be necessary.

Can a partnership lawyer sue a business partner?

An experienced partnership attorney can advise you on how to sue your business partner. Partnership disputes can be complex and messy. A partnership lawyer will examine your partnership agreement and any other contracts between you and your partner and also determine what state laws might apply to your claim.

How to resolve a breach of contract?

Legal claims for breach of contract can be resolved through arbitration, mediation or small claims court. In binding arbitration, the arbitrator’s decision is final. If mediation is chosen, the mediator does not decide the case, but merely helps the two parties reach a decision.

What is the law in New York for breach of contract?

In New York, most purchase contracts state that the damages due to the seller for a buyer’s breach of contract are limited to the amount of the contract deposit. It’s important to note that as the seller, if you choose to file a lawsuit, the buyer may file a “lis pendens” in the public records.

What happens when a seller terminates a contract?

When the seller is terminating the contract, or if both buyer and seller are in default, the buyer only gets the earnest money payment back if the both parties agree upon it. Otherwise, the contract will govern how the deposit shall be returned, if at all, without having to pursue a lawsuit in court.

What are the remedies for a seller?

These include: retain the initial earnest money payment and terminate the contract. sue for breach of contract, or. bring an action for specific performance.

What is monetary damage?

Monetary Damages. A seller that suffers financially whereby the buyer is terminating the contract can sue for the amount of its losses. For example, a seller sells its commercial building for $100,000. The buyer breaches its real estate contract by failing to close resulting in a buyer default on real estate contract.

What happens when a seller refuses to close on a real estate contract?

When the seller is ready, willing, and able to sell the property and where there is a buyer default on a real estate contract and the buyer refuses to close on the sale (for a reason not excused by a contingency), the seller has the right to terminate the contract and keep the earnest money payment.

How to write a breach of contract letter?

If you plan on writing a breach of contract letter yourself, you should consider the following: Write an opening paragraph. The paragraph should describe the purpose of the letter, that being, that the buyer has committed a breach of their real estate contract. Write a paragraph describing the breach.

What is a mechanic repair lawsuit?

Mechanic repair lawsuits refer to a large umbrella of cases that involve issues regarding vehicle repairs and mechanics or automobile repair shops. For example, a car owner may sue a mechanic for performing unauthorized or unnecessary repairs, providing false or misleading payment estimates, or for breach of warranty.

Why are auto repair laws enacted?

Each state has its own set of auto repair laws that go by various names, but are primarily enacted for the purposes of protecting the average consumer. For instance, many states have laws that address unfair and deceptive practices in car repairs.

What can a car owner do for a garage?

One thing a vehicle owner can do for a car damaged by garage during service is to sue either the repair shop and/or the individual mechanic. For example, if a mechanic caused damage to a car while they were repairing it, then the owner can hold them liable for those damages. Alternatively, if the repair shop has an insurance policy, ...

What is garage keeper liability?

The majority of states also have regulations (known as “garage keeper liability laws”) that protect both the vehicle and the items that are attached to the vehicle. For instance, a mechanic may be held liable if a vehicle’s tires, stereo system, or other car parts are stolen.

What can an auto lawyer do?

An automotive lawyer may also reach out to the repair shop and/or mechanic on a vehicle owner’s behalf before filing a claim. By opening communication lines, the lawyer may be able to persuade the repair shop to either fix the damage or to settle out of court, so no one has to experience the added stress of a trial.

What does a car owner have to prove to the mechanic?

The vehicle owner will also have to prove that the misdiagnosis was foreseeable, the mechanic’s carelessness caused the property damage, and that the damage done to the car is quantifiable.

Can a mechanic fix a problem for free?

Savvy businesses strive to keep their customers happy, so oftentimes a mechanic will repair the problem that they caused for free. If the mechanic and/or repair shop refuses to or cannot fix the damage done, then the vehicle owner should consider taking legal action.

What to do if you cannot agree to a move?

If you and the moving company cannot come to an agreement on your own, you may seek an arbitration hearing or initiate legal action against your mover. You may be able to sue the moving company after filing a claim with the company itself.

Why is it important to review a moving contract before signing?

Thus, it is imperative to thoroughly review the contract before signing it, in order to identify any dispute resolution options that may be available to you.

What happens when a moving company offers a lower rate than standard?

Once the customer has agreed to the rate, the moving company may inflate the costs and refuse to deliver the belongings until the customer pays the higher price.

How much insurance do moving companies need?

However, their liability covers cents on the dollar. Coverage usually works out to between $1,200 and $9,000 worth of protection. Some states do not hold moving companies liable for anything they do not pack themselves.

Can a moving company charge for extortion?

They may tell the customer that they must pay an additional charge in order to have their belongings unloaded from the moving truck. This is illegal, and may justify a claim for extortion in most states. A moving company may add charges if the customer was not honest.

Do real estate agents know about moving companies?

Additionally, if you are working with a real estate agent, they may know of some reputable professional moving companies you can contact. It is important to work with people who have a good reputation in order to protect your belongings and have them delivered in a safe and timely manner;

Can I file a complaint against moving companies?

Although moving companies are regulated by federal law, you may consider filing a complaint in small claims court. Further, you may file a claim for violation of state or federal law, such as the Carmack Amendment if your move was across state lines.