WHAT IS THE DIFFERENCE BETWEEN A PLAINTIFF AND A DEFENDANT?
A plaintiff is the person or entity that starts a lawsuit. The person or entity against whom the lawsuit is brought is called the defendant. Generally, the plaintiff must set forth his/her claims in written form in a complaint. The complaint and a summons must then be delivered to or served upon the person or entity who the plaintiff is suing.
CAN ANYONE SERVE OR DELIVER LEGAL PAPERS?
The person who delivers legal papers such as a summons and complaint upon a defendant is called a process server. A process server must be 18 or older and cannot be a plaintiff or a defendant in the action.
CAN I PLACE A LIEN ON SOMEONE’S PROPERTY IF I HAVE A MONEY JUDGMENT AGAINST THEM? The short answer is YES. If you have a valid New York money judgment against a person who has an ownership interest in real property in New York, you can file a lien against the property. The person against whom you have a money judgment is called a judgment debtor. If the judgment debtor owns ½ of the property and his share is worth $200,000, your lien cannot exceed $200,000. While placing a lien on the property does not force the judgment debtor to immediately sell the property, if and when the judgment debtor does sell the property, all properly filed liens will be included in a title report. Most buyers and/or their lenders will require that all liens against the property be satisfied at the time the property is transferred.
CAN I SUE SOMEONE WHO DOES NOT LIVE IN NEW YORK?
Depending on the basis for your lawsuit and the extent of the person’s activities in New York, you may be able to sue the person in New York. If the lawsuit relates to real property in New York or to an accident that occurred in New York, you can bring the action in New York. In addition, some lawsuits can be commenced in New York against non-New York residents if they had significant contact with New York. The decision about where to commence a lawsuit should be made on a case by case basis.