Richard E Weltman’s Answers

Richard E Weltman

New York Litigation Lawyer.

Contributor Level 12
  1. Can i open my own LLC business while currently on unemployment?

    Answered about 1 year ago.

    1. Matthew R Schutz
    2. Richard E Weltman
    3. Steven Everett Savage
    3 attorney answers

    My colleagues are both correct. The point is that merely establishing a start-up venture will not automatically disqualify you for entitlement to unemployment benefits. Your benefits run for a finite period of time. On the other hand, it typically takes time to build up any new venture and and make it profitable. The point is your entrepreneurship should be applauded and encouraged. I do recommend, however, that you meet and confer with a business lawyer and accountant concerning your...

    1 lawyer agreed with this answer

  2. If I was previously dismissed with prejudice, can they change the judgement without notifying me?

    Answered over 2 years ago.

    1. Richard E Weltman
    1 attorney answer

    Your question is a bit unclear to me. If you mean your filed answer in a NJ collection action was dismissed with prejudice, the court may have signed an order or judgment granting relief to the plaintiff. Once the creditor has a final judgment issued in its favor it is free to levy accounts and do whatever else the statutes and rules allow. I suggest you contact a debtors' rights or bankruptcy attorney right away to review your options.. I have attached two useful links--one to the New...

    2 people marked this answer as helpful

  3. Is it criminal damage

    Answered over 2 years ago.

    1. Richard E Weltman
    2. Alan James Brinkmeier
    2 attorney answers

    Talk to a New York criminal defense attorney about possible defenses available to you if criminal charges are ultimately lodged against you. If you retain an attorney, he or she will want to get the police repiort and witness statements. Yet it seems to me the chances of this paramour's pressing criminal charges after three months are unlikely. Have you considered speaking to a family law attorney about your husband's actions? He's not entirely blameless here and he may wish to step up and...

    1 person marked this answer as helpful

  4. Can unemployment benefits be garnished in nj

    Answered over 2 years ago.

    1. Richard E Weltman
    1 attorney answer

    No. Garnishment in New Jersey applies to earned income. New Jersey judgment-creditors may garnish up to 10 percent of debtor's gross salary, which is considered "earned income." If a judgment-debtor earns less than $154.50 per week or $309 bi-weekly, no garnishment is allowed. New Jersey does not permit garnishments of welfare or unemployment benefits, Social Security benefits or income, or veterans' benefits. Speak to a debtors' rights or bankruptcy attorney in New Jersey for advice...

    1 person marked this answer as helpful

  5. Can i open another bank account in another bank, if my original bank account was froze from a judgement.

    Answered over 2 years ago.

    1. Richard E Weltman
    2. Mark Hankins
    2 attorney answers

    Yes, but the new account will be subject to attachment aby the judgment-creditor as well ,especially if it has the same account name and tax identification number. Have you been commingling your LLC business assets with your personal assets? Have you failed to maintain properly the books and records and business "formalities" for the LLC entity? If so, you are making a big mistake and should not be doing so. This is one way to lose the limited liability protection which ordinarily...

    1 person marked this answer as helpful

  6. Collection Agency for 15 yr old Public Defender case? I never even saw the lawyer!

    Answered over 2 years ago.

    1. Richard E Weltman
    1 attorney answer

    You have every right to dispute the debt. Do it in writing so there is a paper trail. In fact, I suggest you notify collection agent by certified mail, return receipt requested, and demand that all further communications must be in writing. Ask for evidence of the debt so you can respond intelligently. When writing to the creditor or collection agency avoid using language that acknowledges the debt. In fact, dispute the debt in writing based on the particular reasons you stated in your post...

    1 person marked this answer as helpful

  7. Can I file bankruptcy without my husband being affected?

    Answered over 2 years ago.

    1. Richard E Weltman
    2. Shawn Richard Kassman
    3 attorney answers

    You must file a means test with your chapter 7 bankruptcy (you do not say but you suggest you will not be filing a chapter 13 wage earner plan) and the means test incorporates six months' prior household income against standardized expenses. The schedules filed with the bankruptcy petition will present joint income and projected monthly expenses. So his income is included though his debts will not be. Bottom line is your filing may not or may not affect him. Confer with a bankruptcy...

    1 person marked this answer as helpful

  8. Situation with Daughter has changed a bit. She now has 3 collection agencys who are promising to give her the signed receipt?

    Answered over 2 years ago.

    1. Richard E Weltman
    1 attorney answer

    Please refer to my prior response. Because of the likelihood of identity theft downloading your daughter's current credit reports from Experian, TransUnion and Equifax is more important than ever. A single link to the bug three credit bureaus is provided below. Once you get the basic information in writing from these collection agents you need to advise in writing that you only will communicate in writing. The notice may need to come from your daughter if she is the account holder....

    1 person marked this answer as helpful

  9. Breach of contract for a pet adoption

    Answered over 2 years ago.

    1. Richard E Weltman
    2. Laura Mcfarland-Taylor
    2 attorney answers

    The general answer is no. Most rescue shelters are run on a shoestring by caring volunteers. Even so, I find it strange the rescue shelter gave you no receipt or papers, not even health records, for the dog. You should at the very least have access to those veterinary records to be sure the animal is healthy and has all required inoculations, etc. It could be the rescue shelter has posted rules and regulations pertaining to pet adoptions on its website or on its premises and the "...

    1 person marked this answer as helpful

  10. Should I make payments or should I let them take me to court to see what happens? If so, can a lawyer get my balance reduced?

    Answered almost 3 years ago.

    1. Barbie Dawn Lieber
    2. Richard E Weltman
    3. Mark Hankins
    3 attorney answers

    My law firm frequently negotiates payment plans or settlements with creditors. Each case is fact specific. However, be aware that if you pay less than the full amount owed there may be cancellation of debt (COD) liability to you. This means the creditor will likely report the amount of debt forgiveness to IRS and NYS Tax Department on a tax form 1098 and the taxing authorities will treat this as taxable income. You may wish t o consult your accountant or tax preparer about COD liability....

    1 person marked this answer as helpful

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