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Richard E Weltman
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Richard Weltman’s Answers

683 total


  • Did I get ousted from the LLC? What are my rights here?

    I formed an LLC with 2 other guys. We split the money to form the LLC evenly. We got an operating agreement but no one ever signed it (including myself). Now, the two other guys have basically paid themselves almost $45,000 total but I haven't see...

    Richard’s Answer

    You have statutory rights even without an operating agreement. If you are shut out you need to engage an experienced litigation attorney and business accountant to obtain an accounting and review the LLC's books and records. Do not delay. Good luck to you.

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  • Close business or change business name before lawsuit to prevent potential claims

    I heard some architects or contractors close their LLC every 2 years then operate business under a new LLC name. They said this can prevent them getting lawsuits from their previous jobs. Because people normally are not interested in suing entity ...

    Richard’s Answer

    You are getting bad advice. This is not a one-size-fits-all situation. Opening and closing businesses every two years in this way can set you up for fraud litigation or worse. Consult with an experienced business lawyer, accountant and insurance broker to limit your risk and protect assets. Corporations and LLCs, if operated properly, will protect owners from personal liability.

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  • In NY Court is it remotely possible to win an employment case without a damages expert?

    Is it realistically possible to win an employment case or personal injury case without a damages expert? Is a damages expert essential if there is any chance of winning?

    Richard’s Answer

    Yes it is possible to win an employment discrimination case or personal injury case without an expert. But there is a material difference between establishing liability and proving damages. The expert can mostly help in the damages area. Speak with an experienced NY trail lawyer about the particular facts and circumstances you are dealing with and whether an expert witness will be able to solidify your presentation. Good luck.

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  • How hard is it to sue a friend who borrowed money and will not pay it back

    I have loaned a friend a large sum of money over 12 years and she has paid me back. nothing is in legal paperwork but emails and verbal agreements.

    Richard’s Answer

    As others have stated you may well have a statutes of fraud problem. In addition to a statue of limitations defense if action is commenced. Suggest you discuss the particulars with a NJ contracts lawyer. In some cases email acknowledgments of the loan and its agreed payment terms can help establish an agreement to repay in the absence of a more formal writing. Good luck to you.

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  • Is it better to do a short sale PRIOR to a Chapter 7 bankruptcy or include the short sale in my Chapter 7 bankruptcy petition?

    Per some program the bank has offered a nice relocation fee as an incentive and I could use these funds in my new location, when I find one. I do NOT want the bankruptcy judge or closing company to take these funds to pay debt or any other judgme...

    Richard’s Answer

    Before you agree to enter into this short-sale program have the contract with your mortgage company reviewed by a NJ bankruptcy lawyer, with whom you should meet in a confidential office setting. One issue will be the amount of the relocation fee and whether it can be exempted as part of your cash assets if you file for bankruptcy relief. Be sure to bring a complete list of your property and creditors, plus your income statements and tax returns. It is important that your particular bankruptcy and non-bankruptcy options be fully assessed in advance. Good luck.

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  • This Non-Circumvention Agreement Scares me... It feels too open ended. Am I over-reacting?

    COMPANY A and COMPANY B agree not to engage in or enter into a contract to engage in any business related negotiations or transactions of any sort with companies introduced by the other without prior written disclosure to the originating party. Bo...

    Richard’s Answer

    It likely worries you because it seems overly broad rather than being tailored to your particular transaction. Templates like this one are best thought of as starting points. Get the assistance of a NY business lawyer to modify the non-circumvention language so that your most substantial concerns are addressed.

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  • What are my legal rights?

    how can my neighbor claim harassment when she drove into my driveway in the line of me watering my flowers? What are my rights if she was on my property? She filed harassment with my town and now I received a mediation letter that I must attend?

    Richard’s Answer

    There is clearly another side to the story because right or wrong your neighbor feels aggrieved. Suggest you meet with an experienced NJ attorney in a confidential office setting regarding the facts and circumstances. Mediation is a non-binding dispute resolution proceeding that can be very effective as it permits each side to tell his or her story to a neutral mediator.

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  • Would the owner or hosting company of a website be required to reveal identities of cloaked reviewers if subpoenaed?

    And is there legal a way to protect identities of reviewers to allow for journalistic-style honesty? Under what circumstances would such a subpoena be issued? (I'm thinking if a reviewer was honest about a service and the company didn't like what ...

    Richard’s Answer

    • Selected as best answer

    Great question. This area is in constant flux with much protection offered to the host site similar to the protection offered to publishers in the printed world. Courts are typically reluctant to uncloak anonymous posters. Start with posting a strong terms of use and privacy statement developed with the assistance of a lawyer familiar with cyber-law and Internet matters. Remember that In America anyone can sue anyone. I changed the topic from Lawsuits to Internet so that others may weigh in. Good luck.

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  • My lawyer is telling me that in my NJ civil case, the judge might not allow me to speak. WHAT?? Can a judge do that?

    Im a defendant in a civil case against the state of NJ. My lawyer said that the judge might not allow me to speak at my upcoming hearing, which is for a motion to enforce plaintiffs rights. Can a judge do that? How can that be allowed under the l...

    Richard’s Answer

    The answers provided are accurate. The court also has discretion at oral argument on a contested motion to hear from the attorneys rather than the party. Presumably you have already provided your testimony in the form of a written certification filed with the court. Your attorney should be able to address your concerns when you next meet or confer.

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  • Legal Strategy

    A friend filed summons and complaint against a party. The party defaulted in providing an answer. During the default, my friend was robbed and lost a lot of important evidences for the case. The defendant later filed motion to vacate the default ...

    Richard’s Answer

    Interesting question. Your friend should consult an experienced New York litigation lawyer in a confidential office setting to discuss the particular evidence that is no longer available and how this would impact the case whether or not the default judgment were to be vacated. Prejudice is one matter. Another argument against vacating the default, for example, might be that too much time has passed, witnesses are no longer available, or that the movant has not demonstrated a meritorious defense to the complaint. Even in cases of default, the court is likely to schedule an inquest so that plaintiff can establish a prima facie case for entitlement to money damages. In other words, evidence in support of the claims must be brought forth by plaintiff , whether the matter is contested or not. Again, an experienced litigator can help your friend obtain the relief sought and comply with the court rules.

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