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Richard E Weltman
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Richard Weltman’s Answers

799 total


  • Lawyer never heard of recouping garnished wages preference, couldn't answer question of church donation fraudulent conveyance.

    top ranked bankruptcy lawyer was worthless. why not go pro se. i can fill out forms too

    Richard’s Answer

    You want a lawyer with relevant experience and recommendations from actual clients and peers.That said, you raise legitimate concerns that should be discussed with the lawyer during the initial meeting. If you are still uncomfortable, by all means meet with other experienced bankruptcy attorneys before deciding whom to engage.

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  • Research help. Is there an online list of valid and up to date NYS lawsuit claims

    Is there a comprehensive list online of valid and up to date lawsuit claims that can be filed in NY? I need to know what valid claims there are to file so I can research them individually to find the ones most appropriate for my law suits.

    Richard’s Answer

    There is no such list. Lawyers train in law school for years and continue to take continuing legal education so they may evaluate, assess, and research potential legal claims appropriate for state or federal court. .

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  • Is a 'Dismissal of Judgement with prejudice' the best outcome of civil judgement for credit report?

    I am in negotiations with a attorney about past payments. I am willing to settle and I have asked for a 'Dismissal of Judgement with prejudice' he is willing to give me a Warrant of Satisfaction. To my knowledge a warrant of satisfaction still st...

    Richard’s Answer

    Warrant of satisfaction will remain on your CR, but so will a dismissal of judgment with prejudice. You may be looking for a vacatur of judgment but only the court can do that.

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  • If I avoid any use of the term 'massage', am I within my rights to perform and use the terms bodywork and/or touch?

    I am wanting to earn extra money in New York City. I'm not a trained nor licensed massage therapist, but I have the idea of being a "mobile spa provider". As a 20-something, smart and reasonably attractive woman, I believe I could make good mo...

    Richard’s Answer

    Sounds like you could be putting yourself at risk for the reasons advanced by my colleagues. Because you are not licensed as a NYS massage therapist or medical professional or barber, etc., expect that you will likely be subject to complaints by customers as well as competitors and could therefore be in the cross-hairs of a licensing investigation. Consult with a lawyer experienced in this area, both from the civil compliance and criminal perspectives.

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  • Trying to Reach My Insurance Company

    Back in early December 2015 I completed an enrollment form to change my health insurance policy to another with the same carrier. Since that time I have tried to make contact with the carrier as to the status of my new policy numerous times. As ...

    Richard’s Answer

    Send a certified letter, RRR, to the Company at its official customer service address. Copy the NJ Department of Banking and your broker.

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  • Just ting to figure out what exactly does the judge need to proof I was at work at that time and date

    I recently got seizure paper work from the Suffolk County sheriff office they said they would garnish my wages. I found out I was being sued by a third party company. When I went to the courts they had me fill out paperwork order to show cause. ...

    Richard’s Answer

    You may need an experienced civil attorney to file a motion challenging the affidavit of service. This sets up a mini-trial where the process server is compelled to testify in support of his claimed service of process which he described under oath in the filed affidavit of service. The court will typically hear you and any other proper witness and will decide he matter on the basis of documentary evidence and credible testimony.

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  • What type of lawyer do I find for that ?

    I'm being sued for something that is not my property .

    Richard’s Answer

    Confer in person with an experienced general practice lawyer. Bring the summons and complaint with you to the meeting.

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  • I received an order to compel to answer interogatorry jan 29. I have 15 days. what is my deadline date. what if i dont answer?

    How do I count response days? I received an order to compel to answer interogatorry on the 29th of jan. It stated i have 15 days to repsond. Does that include the weekends or just business days. If I dont respond what happens?

    Richard’s Answer

    Weekends typically count. Consult with an attorney immediately. You may be able to seek an extension of time from the opposing attorney or the court for cause. If you do, be sure to get it in writing. If you ignore the order to compel there may be immediate adverse consequences. Otherwise, a further motion may be made for imposition of sanctions. You could face a range of penalties including imposition of attorney's fees and costs and the striking of your filed pleadings in the action.

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  • Should I hire a lawyer?

    Dentist has been harassing me with papers from lawyers in an attempt to collect money from me. He is stating that I did not have insurance to cover the cost of services done. I have never NOT had health & dental insurance. He is now threatening me...

    Richard’s Answer

    There may be a judgment entered against you. Do not wait. See a lawyer immediately about your best alternatives. Bring the information subpoena with you to the meeting.

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  • Can you legally go after the property of both the husband and the wife when you win a judgement against one person?

    I am thinking about the pros and cons of trial. If you successfully win a lawsuit and you find out that the plaintiffs spouse is listed as a trustee can you do anything to go after it in a judgement?

    Richard’s Answer

    Assuming you win at trial, a judgment against one spouse does not translate to a judgment against the other spouse. Your further question concerning trustee status is unclear and should be fleshed out in a give and take meeting with an experienced trial lawyer understanding judgment enforcement in a confidential office setting. Good luck to you.

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