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Richard E Weltman
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Richard Weltman’s Answers

796 total


  • Do I have to pay that 4000 even though he didn't show up and the charge of me hitting him was dropped?

    I was in a wreck last may, and I had no information on the guy I hit the insurance company never contacted me nor did the guy. I went to court but he didn't show up I was guilty of no insurance but he didnt show up to court and his insurance nev...

    Richard’s Answer

    Suggest you send a certified letter, RRR, to the collector who contacted you disputing the debt. Request the papers supporting the claim and who the collection agent represents. If you still have questions after getting this information, then meet with an injury or debt lawyer in Kansas City.Do not ignore this. The longer you wait the more your credit may be adversely affected. Good luck in getting the matter sorted out.

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  • How long are full records kept in the system?

    Are full bankruptcy records removed from the public if over 10 years old? I don't mean record that you filed, but the full bankruptcy records.

    Richard’s Answer

    Not automatically, no. Sometimes the records continue to be searchable and available on PACER for many more years. Credit reporting under federal law and rules is another matter. Bankruptcy records should be removable from credit reports after 10 years. In in doubt see an attorney about your particular facts and circumstances. You might also post this question under Credit Repair.

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  • I will do motion to renew and re-argue, but is that my argument? Do I need to stand in front of the judge or is it submission?

    Long story short, my lawyer never submitted documents to prove fraud for my overcharge claim. Now I was told I have to do a motion to renew and re-argue. My question is, when I submit this motion is it used as my argument why the judge should over...

    Richard’s Answer

    If the court rules and the judge's own rules permit it, the papers can typically be submitted without appearance.s or oral argument. But in your case it may be worthwhile to engage a lawyer to argue this and advocate for you to the court beyond the papers submitted. Good luck to you.

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  • Can i claim my daughter so that i am a 2 person household for my bankruptcy filing.

    In process of a divorce. Soon to be ex wife filed a Chapter 7 last month. She claimed our daughter. Our daughter currently resides with her. However, from 1/1/15 - 7/15 she lived with both of us. Now I need to file for bankruptcy. Can i...

    Richard’s Answer

    I would add to Mr. Schwartz's response that you can claim your daughter on Bankruptcy Schedules I and J to the extent she actually contributes to joint household income and expenses. Confer with an experienced bankruptcy lawyer to discuss the particular facts and circumstances and how they'd affect your filing for relief.

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  • Can I get my money back ? seeing that he only stayed 10 days can I get 1/2 back?

    I paid $500 for my grandson to go to a halfway house after drug rehab after 10 days they kicked him out for showing positive on suboxone only stayed 10 days

    Richard’s Answer

    It sounds as though the halfway house did what it was supposed to do but your grandson did not. Carefully review the terms of the agreement you signed. You can confer with a lawyer but there is very little in dispute relative to the cost of suit. If you still feel you were misled by the halfway house and entitled to money back you could choose to take this to small claims court yourself. Good luck in getting your grandson the medical help he needs.

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  • Can I sue. Can I get a good attorney in Long Island to represent. Can I sue for my attorney fee's.

    I sent a 20K deposit for the purchase of a boat in Long Island, pending inspection and all surveys, being assured by the broker that the money is fully refundable. This contract was signed.After inspection, prior to surveys I declined at the 420K...

    Richard’s Answer

    Sounds like you are being hosed. Speak to a lawyer and review the documents including the offered check. Do not deposit the check until you get solid advice.

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  • What are due diligence should I make sure the financials are 100% accurately, employees will stay on, and customers will stay?

    I am considering buying a 32 year old small manufacturing company for 650,000 K located in Orangeburg NY- Currently the Revenue runs is between 600 - 800 K - Cash Flow around 220K (2015) - after loan payments it is expected that my cash flow will ...

    Richard’s Answer

    This question simply cannot be adequately answered in this forum. Meet with an experienced business attorney and CPA in confidence regarding the due diligence you will need, as well as the tax implications and risks of business relocation,. There are no guarantees that customers and employees will not exit. You'll need assurance and will want to see client and employee contracts, as well as legacy pension, tax and other potential liability. In addition, seller should be expected to provide a restrictive covenant agreement (covenant not to compete).

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  • Cancelled pending deposit payment after finding out about shady business practices. Any legal ramifications?

    Today (4PM) I placed a deposit with a moving company over the phone. I had not read reviews. After reading reviews I realized there was no way I was letting these people anywhere near my stuff as they break everything. Not only that; but multiple ...

    Richard’s Answer

    In America the courts are open to all so it is always possible that this matter could end up in court. Unlikely though because the moving company needs to prove its case and as you say there is no contract. It is good that you emailed the moving company promptly and cancelled the telephone reservation in writing. You will likely need this to support your position if the company disputes your cancellation. At that point you may benefit from engaging a lawyer to advocate on your behalf. Next time you will do your homework and get a written proposal in advance before offering your credit card information over the telephone to strangers. Good luck in getting this fully resolved.

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  • What should I do?

    I own a small business in Milwaukee Wi. A merchant company named payment systems promised me the sun and the moon and also told me their hardware was compatible with my pos. it wasn't they have me locked into a lease with LFG i have never been abl...

    Richard’s Answer

    Because this is posted in the New York Business Law section of Avvo it is likely you are being sued in New York. Suggest you meet in a confidential office setting with one or more experienced business lawyers who understand POS and technology agreements. You will be asked among other things whether the payment systems company responded to an RFP and agreed to supply hardware and software consistent with your specific requirements, and whether you were represented by an attorney when you reviewed and signed the equipment lease. You will need to understand the type of lawsuit you'll be getting into in terms of fees and costs. This is probably not LFG's first rodeo.I changed the category to Litigation based on your question. Good luck.

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  • Old account went into collection. which i am not even aware of until it showed up in credit report. need to remove it

    Recently one of my old account (3 year old) started showing up on collection. its and equipment charge. which they are holding me in responsible now. i didnt recieve any notice regarding same and i changed 2 states after that. now even if i pay th...

    Richard’s Answer

    Mr. Detzky offers solid advice. Every case is different and fact-based. You'll need to contact the judgment-creditor and work this out. It is possible that you might be able to negotiate a satisfaction of judgment and the appropriate removal from one or more credit bureau report. You are likely to have better results if you engage an experienced consumer attorney to advocate for your position but there are no guaranties.

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