Richard E Weltman’s Answers

Richard E Weltman

New York Litigation Lawyer.

Contributor Level 14
  1. When going for a free consultation is client attorney privilege in effect??

    Answered 6 months ago.

    1. Richard E Weltman
    2. David Zaslavsky
    3. Edwin Drantivy
    4. Eric Edward Rothstein
    5. Dana Whitney Atchley
    5 lawyer answers

    The answer is yes, attorney-client privilege is in effect even during a free consultation.

    7 lawyers agreed with this answer

  2. Can I recover money for salary back-pay if employer files for business and personal bankruptcy?

    Answered 9 months ago.

    1. Michael Avanesian
    2. Allen Preston Turnage
    3. Richard E Weltman
    4. Scott Benjamin Riddle
    5. Barbie Dawn Lieber
    5 lawyer answers

    Consult with a NY business bankruptcy lawyer in a confidential setting about your particular claims and the proposed note from your boss. The point is that certain wage and benefit claims are entitled to special priority status in bankruptcy.

    7 lawyers agreed with this answer

  3. Does bankruptcy help me with tickets/past taxes?

    Answered 10 months ago.

    1. Richard E Weltman
    2. Emile J. Barton
    3. Richard Glenn Elie
    4. Jonathan David Warner
    5. Shelley Ann Elder
    6. ···
    6 lawyer answers

    Tickets resulting in fines due to governmental units are typically not dischargeable in bankruptcy but maybe paid out over time through a chapter 13 wage-earner plan if you qualify. Taxes are tricky in terms of what may be discharged and what tax debt is off limits. Sit down with an experienced New York consumer bankruptcy attorney to learn your options in these areas.

    7 lawyers agreed with this answer

  4. Can you go to trial without doing depositions?

    Answered 12 months ago.

    1. Robert A. Stumpf
    2. Laurence Drew Borten
    3. Richard E Weltman
    4. David M. Kasell
    4 lawyer answers

    Depositions and fact discovery may be the critical window into defendant's defense that your husband needs to know about before he gets to trial. It is unlikely that defendant will waive its right to depose your husband for the same reason. He should have his case strategy, evidence and burden of proof critiqued by an experienced trial lawyer.

    7 lawyers agreed with this answer

  5. Statute of Limitations (NY State)

    Answered 8 months ago.

    1. Richard E Weltman
    2. Eric Edward Rothstein
    3. Mitchell Aaron Nathanson
    3 lawyer answers

    Confer with an experienced New York trial lawyer about vacating a default judgment. The rules are tricky (even for judges) and not entirely intuitive. CPLR 5015 requires the motion to be made within one year after service of a copy of the judgment or order with written notice of entry upon the moving party. There are other grounds as well, including fraud and lack of jurisdiction, but these are all fact-specific. My recommendation is that you obtain solid legal advice and have your motion...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Defense attorney called a day before answer due asked for me to consent to 2nd extension of time to answer. Should I agree?

    Answered 11 months ago.

    1. Richard E Weltman
    2. Richard Straussman
    3. Thomas Alan Holman
    4. Eric Edward Rothstein
    5. Justin Eric Angelino
    6. ···
    7 lawyer answers

    You do not have to agree. to a second extension of time. If you do, you can certainly condition your consent on defendant's agreement to waive jurisdictional defenses. If you don't, the defendant will likely seek an enlargement of time from the court. It is always a good idea to consult with an attorney familiar with the rules of court and local practice.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Defendant is reneging on settlement agreement, which was stipulated in front of a judge. A court reporter was not present.

    Answered 21 days ago.

    1. Richard E Weltman
    2. Jon Friedman
    3. Steven Warren Smollens
    3 lawyer answers

    You should consult with a trial lawyer in a confidential office setting where you can discuss the particulars of your question and the factual basis for entitlement to such drastic relief. Simply on the basis of your inquiry--without more--it does not appear there is sufficient basis for imposing sanctions against the lawyer under New York statutory and case law.

    6 lawyers agreed with this answer

  8. How likely is it that a judge in a civil trial could be corrupt? How often does this occur?

    Answered 4 months ago.

    1. Richard E Weltman
    2. Eric Edward Rothstein
    3. Bruno Patrick Bianchi
    4. Steven Warren Smollens
    5. Ingrid Gherman
    6. ···
    7 lawyer answers

    You do not offer enough information to make an intelligent assessment in this forum respecting purported judicial misconduct. In any case, the fact is that most state and federal court judges are extremely diligent, honest and competent. The fact that this particular judge disagreed with you and viewed your trial evidence and testimony differently from you does make him or her "corrupt." Judicial misconduct is a very serious charge and fairly rare within the United States judicial system. You...

    6 lawyers agreed with this answer

  9. Responding to a summons with notice & properly filing a demand for complaint.

    Answered 4 months ago.

    1. Richard E Weltman
    2. Steven Warren Smollens
    3. Eric Edward Rothstein
    3 lawyer answers

    The court rules can get complicated--with compliance conferences, pretrial discovery and motion practice--once issue is joined and the case is truly underway. You would do well to hire an experience attorney of your own to help guide you and advocate on your behalf. But to answer your question, you should file the demand for complaint, serve it upon plaintiff's attorney, and then file the affidavit of service with the Kings Supreme court clerk.

    6 lawyers agreed with this answer

  10. Just found out husband gambling $37000 debt. Any legal protecting me from liability?

    Answered 4 months ago.

    1. Michael Hal Schwartz
    2. Richard E Weltman
    3. Barbie Dawn Lieber
    4. Dana Whitney Atchley
    5. Mark A. Fisher
    5 lawyer answers

    If you are a co-signer on the credit cards used by by your husband to incur this debt, it won't be the casinos coming after him, as much as the card issuers seeking to collect from you both. Contact and meet with an experienced bankruptcy lawyer to review the facts and circumstances in your particular situation.

    6 lawyers agreed with this answer

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