Small Claims Court

[jriley]

What is the name of your state?
Pennsylvania
****I was living in Syracuse, New york at the time and suits are filed in Clay New York.******
In June of 2000, I left my boyfriend (also my employer) for personal reasons and he would not allow me to have any of my personal possessions. After following ALL avenues to retireve my personal possessions and payroll due for 4 weeks of completed work, I hired an attorney and went to small claims court. Because he was my employer, as well as live-in boyfriend, I was unable to collect unemployment and was forced to sue his businees for monies owed. On January 21, 2001, both cases were heard in the Clay, New York courthouse. I have yet to receive a decision on either one of the cuits and call monthly to request information. My attorney has also sent reminder letters to the presiding judge, all, to no avail. I am always told that the judge has the case with him and that a message would be given to him in regards to my call. It has been 1.5 years since the actual hearing and almost three since I have left the "idiot" that has kept my things and owes me money.

Can anyone possibly tell me where to go from here?

Any help is appreciated.

Thank you

Jeni Lutz

 

[aunt annie]

Hi Jeni, I am new to this myself, and am not a lawyer, but I see that nobody else has replied to you. I don't know what legal action you can take, but it might help to write to your local representatives. There is a website called yourcongress.com. It helps you find out who your reps are and you can write to them. Tell them about what is going on in their unjustice system. It couldn't hurt. Good Luck!

 

[Tercr6]

If your still checking here and nothings been done,Your lawyer should Know about the Proffesional misconduct committy ( specifically in NY i think it's called Judicial misconduct committy ).
If you have the paper work on the case call them and get the address or look in your white pages for a local office.Call them get the details on how to file a complaint against the judge.
I dont know the law but on small claims 2 or 3 months at most for a decision.
Since this involved employment there may be more to it,but an non action by a judge should be considered misconduct . Hound you lawyer to take action also,its his obligation. and if you think hes not conducting hiself legally,complain to proffessional misconduct committy.

 

[hexeliebe]

It seems your attorney is dropping the ball

besides the committee on professional conduct (or whatever it's called in New York) your attorney should appear in the Circuit Court for the county where the case (small claims) was heard requesting a writ of Mandamus.

What this will accomplish if issued by the circuit court will be to force the small calims court judge to do what the statutes demand of him/her and that is to set a judgement on the case.

1.5 years is way too long for a small claims judgement to be made. Something else is going on here.