My car was seized because of sealed indictments. The police paid off the remaining balance owed on my vehicle. over 10000

Q:  The police paid off car almost a year before me ever receiving any legal paperwork on the car and about 16 months after the car was initially taken. Do they have the right to do this? The car was bought with legitimate funds. Isn't there some time frame that they have to follow to file paperwork? They are saying the vehicle was instrumental to the crime.


A:  David's Answer:  The police would have generally needed to have a seizure order from a Judge - and even then generally they would need a conviction to actually proceed to a sale. You would need to demand the paperwork from the police showing the seizure order and hire a criminal defense lawyer to ascertain the status of the criminal proceeding against you. Schedule a consult with a civil rights lawyer in your area for more info re: a possible lawsuit against the police.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

What happens after a deposition in New York with a law sue against the nypd for police brutality?

Q:  I got a attorney to help me sue the city of New York police department for injuring me. With a blow to the head , none of the officers were identified as polices officers to me until after handcuffs were put on me. My attorney isn't really telling me anything about my case other then when we have a deposition . It's been 3 years since the law sue started and I'm basically lost on the issue.


A:  David's Answer:  First, you should have a sit-down with your lawyer. You should be clear on what the strategy is, what the status of settlement negotiations are & how the case will proceed from here. Usually depositions are about the last thing to take place before the Judge certifies the case as ready for trial. For a 2d opinion, schedule a consult with a NYC Civil Rights lawyer.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

My sister is suing the the city for the use of excessive force.. her lawerys is on the phone with the city l is that a good?

Q:  the nypd enter her home at the time with no warrant, but came up with one 3 monthes later,when they enter her home they throw her on the floor and her small children and handcuffed her husband than hit him in the head with they gun,were it caused his head to begain to bleed, Onces place in the unmarked van the cop beat him up in the back of the van, were it caused him to have fracture ribs, the nypd still refuse to take him to the hospital, instead they took him to the bookings, once there the bookings said they will not take him with with all that blood leaking from his head, , than months later the same officers enter her home again, and the officers that attacked her husband came in after police broke her down and said (Do you think your case is going anywere) than left. I


A:  David's Answer:  I'm not sure I understand your question, but if it's whether your attorney should be speaking to the city's lawyer, the answer is absolutely yes. About 90-95% of all such cases settle or are otherwise resolved prior to trial. For a 2d opinion, schedule a consult with a NYC Civil Rights lawyer.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

How to or explanation of writing "a short and plain statement of the claim that the pleader is entitled to relief"

Q:  I am pro se/ pro per who yes is suing the federal government. I know not advisable and can't hire an attorney. I survived a 12 (b) (6) motion to dismiss and have been given time to amend my complaint. I don't understand what is meant by "a short and plain statement of the claim that the pleader is entitled to relief...enough facts to state a claim to relief that is plausible on its face" What exactly is considered SHORT?"" Do you know of any cases in federal court that came after ERICKSON that would show a good example?" After I state this short statement of the claim...Do I then follow up with more specific facts which would lengthen the overall document so as to thoroughly state my position?


A:  David's Answer:  Preliminarily, I don't understand the statement that you "can't" hire an attorney. You should shop around, as many civil rights attorneys either take cases on a straight contingency or low-fee basis. That said, your question depends on what you're drafting. If you're drafting a complaint, the only precise thing I can say without a full assessment is for you to list all relevant facts sufficient to make out a cause of action. Schedule a consult with a Civil Rights lawyer in your area.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

I wanted to see if I can pursue a case against the two precincts that arrested me for false assault.

Q:  I was arrested on 2/5/2014@3 am. I was not read my rites. At 245 am I was in bed at my boyfriend when we heard loud banging, it was his ex that broke in using a knife. She then came into room where I was rip the sheets off me which then knife grazed me on my thigh then he got knife away she grab a wine bottle and pushed in my face so I grabbed her hair and hit her twice he broke us up then he lifted her out of the apt she then bust the door open he threw her out again and bolted the door she said gonna call police because we had her stuff boyfriend threw it out the window so we waited for the police.we went down they told to put our hands on wall and don't move she told them we attacked her.handcuff all three of us without reading rites when we transfer they had me and her in same cell


A:  David's Answer:  On these facts, your claim is most likely not against the police, but against the ex-girlfriend for filing a false complaint. First you'll need to get the criminal case dismissed. Then you can sue her in civil court for "abuse of process." Schedule a consult with a Bronx civil rights lawyer for a full assessment.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Lawsuit against NY police department.

Q:  I got false arrested 2 times by NYPD police about 1 year and 6 months ago. I just got all criminal charges dismissed and proved my arrest was a false arrest. I plan to sue NYPD for compensation. I heard some lawyer told me in order to sue NYPD, I have to file a notice of claim within 90 days of the arrest. But some lawyer told me I dont have to file such thing, once I proved my case was a false arrest, I have up to 3 years to file lawsuit. I didnt file any notice within 90 days so if i still have chance to sue NYPD


A:  David's Answer:  A notice of claim indeed needs to be filed within 90 days of the date of the incident. That said, you may have only waived your state claims at this point. You have up to 3 years to file your federal civil rights claims. Consult a NYC civil rights lawyer for more info.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Court papers

Q:  I read in the pro se manual that after summons and complaint have been served on a defendant by a process server not party to the suit, the pro se plaintiff is allowed to mail any other court documents: motions, etc directly to the defendant(s) without using an intermediary like a process server. Does this apply to pro se plaintiffs in NY as well?
I heard that under NY law, a plaintiff cannot mail court papers directly to the defendants.

Additional information

 

correction: the federal court manual in nyc states that after summons and complaint have been served to defendant by a qualified individual not party to the suit, after the defendant files answer, then plaintiff may by himself/herself serve certain court documents by first-class mail to the defendant. However I may have read it wrong since I'm not a lawyer.

A:  David's Answer:  You can serve interlocutory papers by mail, but if they are papers in which you need an affidavit of service for (such as a motion), then the mailing must be done by someone else over the age of 18. Consult a NYC civil rights lawyer for more info. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)