My ESA is being wrongfully held from me.


Query

I’ve an ESA. I acquired her whereas I used to be dwelling with my ex. I acquired her after my greatest good friend died as a result of I went right into a extreme despair. My abusive ex took me to a small claims court docket the place he knew the decide and the decide made me give him the canine. I want this canine again; I’ve tried a number of avenues to get her again, and I hold getting informed there’s nothing I can do.

New York, USA

Reply

There may be an enchantment course of however there are very strict time restrictions on when a discover of enchantment have to be filed and the enchantment perfected (together with things like submitting papers supporting enchantment). Courtroom clerks or an legal professional in your space can let if the deadline to enchantment has expired and steps essential to good an enchantment. The enchantment course of is rather more difficult and expensive than in Small Claims Courtroom, though a poor particular person’s utility could also be filed to attempt to waive charges. Lawyer illustration must be thought of.

In case you consider the decide ought to have recused himself/herself based mostly on his/her relationship together with your ex, present that info to your legal professional. A grievance may additionally be made to the New York State Fee on Judicial Conduct.

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