Richard E Weltman's Answers

Litigation

I suggest you arrange to meet in person with a MA trial attorney familiar with Internet law issues. Not every lawyer is familiar with these niche issues. Depending on the particular facts, you (and your daughter) may have joint and separate claims for state law defamation (libel and/or slander), invasion of privacy, violation of separate rights of publicity, as well as intentional infliction of emotional distress. You may also have statutory protection against claims for defamation or...

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Can a dentist office debit my checking account without my authorization using my information from a previous payment?

The answer to your question is a qualified no. Each electronic payment transaction stands on its own and must be authorized by you as the account holder. Even so, it is possible that you previously signed an advance consent permitting your dentist to charge future account payments to your card. Ask your dentist for a copy of what you signed. Talk to him or her about the account terms so you know what to expect in the future. Because you say you disagree with the particular charge, you...

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Web Design Content Ownership

Great question and one of the most common mistakes made by business owners contracting for web design services. My colleague correctly references a work for hire provision to be included in the web development contract. This means that the content and code written for the site are subject to copyright held by the site owner not the coder or developer. On the flip side, the developer will want clear payment terms in the contract and enforceable remedies if the fees are not paid when due....

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How long before a check is stale-dated?

See your bank about its rules for cashing a double-endorsed check. Many banks will insist it be deposited first and then drawn after clearance . Either way, you should present the check quickly so you are within the typical 180-day window before check becomes stale.

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Affidavits in Pleadings

While you are travelling you should be able to.have your documents notarized by a consular officer at the country's United States Embassy. Sincevyou say you plan to efile, speak to your lawyer concerning dealing with flags or seals. I wish you safe travels and good luck with your case

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Debt collection letters and calls being sent to me but are my son's debt.

I agree with my colleague. To put a finer point on it, I recommend that any of your communications with your son's bill collector be in writing to eliminate possible misunderstanding and create a paper trail. Dispute the debt by stating clearly the full facts and circumstances. In your letter demonstrate that the debt is not yours and any further calls or communications to you will be considered harassment under the federal Fair Debt Collections Practices Act. You might also mention that...

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Can a customer still file a chargeback if the he/she signed a piece of paper stating the following:

There are two parts to tge agreement. First, says you cannot make a false chargeback. This is to prevent fraud but I must assune you have a real dispute. In that case, contact Vendweb.com. Once you do so and tried to resolve dispute you have fulfilled your contractual agreement.

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How should I argue my case in small claims court? Should I bring an attorney?

You certainly have the right to bring an attorney if you wish. On the other hand, most parties in small claims court do not have attorneys. This is why small claims court is often called the people's court. If you have the time to contest this yourself you can fight the claim for the reasons you stated. It is entirely possible that the doctor may be more willing to settle or drop the matter if you demonstrate your resolve to fight it through to trial in small claims court. Time may be on...

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Collection Agency

There is no reason why you cannot amend the affidavit. Tell the entire truth. In fact, I suggest you obtain a sworn affidavit from your father as well. Notify your bank's legal department of the dispute and provide appropriate proof of the different entities and tax identification numbers. Demand that the garnishment on your bank account be released immediately or you will pursue appropriate action against the collection company and its client for damages. I suggest you consult a...

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Deposition: Can it be required from a former employee of a company?

Two thoughts. Business disputes can lead to much unnecessary pre-trial discovery. Sometimes a discovery notice needs to be limited and the New York court rules provide a mechanism. There is no reason why opposing counsel should be permitted to simply waste time and resources. First, your company's attorney should pick up the telephone and call opposing counsel, suggesting a more appropriate witness likely to yield discoverable evidence. Usually this type of discovery dispute can (and...

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