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Richard E Weltman
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Richard Weltman’s Answers

684 total


  • How does Statute of Limitation on Debt collection work?

    How does one determine whether a debt is noncollectable? I'm being sued by a collection company for a very old debt that I defaulted on in 2008/2009. Based on that it appears to be over 6 years. PLEASE HELP!

    Richard’s Answer

    You have received solid advice. It is also possible that the debt may have been reestablished by partial payment, or had resulted in a default judgment, in either case the clock may have restarted. Don't guess. Consult an experienced creditor-debtor lawyer and review your particular facts and circumstances.

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  • What happens to the seven days' notice for a motion under Ohio Civ. R. 6(C) if the deadline lands on a weekend or legal holiday?

    Ohio Civ. R. 6(C) generally requires that a motion be served "not later than" seven days before the hearing. Calculating that time period using Ohio Civ. R. 6(A) on time computation, one would count backward starting the day before the hearing dat...

    Richard’s Answer

    You posted your question to New York litigators who are not faced with Ohio Civil Rules in the ordinary course of practice. Every state interprets internal motion rule differently. Suggest you redirect your notice question to Ohio litigation lawyers. Good luck.

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  • Can we sue a US corporation (in the a US) for breach of contract of their subsidiary abroad?

    USA Co. owns 45% of Europe Co., which owns 80% of Africa Co. We had a contract with Africa Co., which they violated and so we got a judgment in Africa. Bribery prevents us from recovering on the judgment. What is the best way to...

    Richard’s Answer

    You have been offered solid advice. You already have a judgment the issue is enforcing it. Not sure what you mean when you say the bribery prevents recovery but even if that is the case it does not entitle you to relitigate the case. Perhaps you may wish to have the foreign judgment reviewed by a lawyer with international litigation experience.

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  • Can I declare my home an unsecured asset in a bankruptcy petition to challenge the lender's standing?

    I have a 5 year old foreclosure judgement order against my home, my motion to vacate judgement was heard and denied based on time, however the judge didn't listen to the facts and evidence According to the SEC my securitized loan trust has been c...

    Richard’s Answer

    This sounds like bad advice. Contact an experienced bankruptcy attorney and meet with him or her in a confidential office setting to review your assets, liabilities, income and cash flow as well as your foreclosure case. If you file for bankruptcy relief and truly wish to contest the bank's standing as a secured creditor you may find that the bankruptcy judge will defer to the state court order denying your motion to vacate. Get solid legal advice. You may be stuck with the state court ruling because you failed to successfully appeal it.

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  • What do student loan lawyers do to help rehabilitate federal student loan?

    Do I need one? How do I find one?

    Richard’s Answer

    You posted your question under Bankruptcy & Debt. Under current federal bankruptcy law most student loans are not dischargeable, meaning they are not affected by the filing the way most other consumer debt would be. You may be able to reinstate or "rehabilitate" the delinquent educational loans through a chapter 13 payment plan if you qualify. Contact an experience New York bankruptcy lawyer to see what options you may have given your particular facts and circumstances, including your assets, income and cash flow. Good luck.

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  • Is a cell phone bill with two different names on it sent to an address constituting a legal residence.

    the cell phone bill was never sent to the house address only to her cell phone. Also he is only 18 and his father who lives in a different address is collecting child support for him.

    Richard’s Answer

    Customer service and the carrier's online terms of service likely will help determine which address was selected by the customer and who is principally responsible for the account. If paperless billing was authorized then the digital account statement would likely be enforceable. I changed the category to contracts and agreements. If you are still unsure find a local attorney through Avvo's Find a Lawyer feature.

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  • The NJ Court Rules say there should be a 30-day window between the return date for a Summary Judgment motion and the Trial date.

    NJ Summary Judgment rules state: "All motions for summary judgment shall be returnable no later than 30 days before the scheduled trial date, unless the court otherwise orders for good cause shown, and if the decision is not communicated to the p...

    Richard’s Answer

    If the motion for summary judgment is made right before trial, as you suspect it may be you will have an opportunity to oppose it based on the rule you cite. If the judge is inclined to hear the motion you will also have the opportunity to fully respond and even cross-move for summary judgment in your favor if appropriate. These types of motions are decided on the law and a determination that there are no material facts requiring a trial so it would be advisable to meet with an experienced trial lawyer to help you avoid possible rookie mistakes. I hope this perspective is helpful to you.

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  • Do I get a copy of my Bank records that were subpoenaed by an insurance company?

    Without saying too much, I am a medical professional. An insurance company is suing me and claiming, amongst other things, insurance fraud. The insurance company subpoenaed my banking records. My attorney filed a motion to quash and it was denied....

    Richard’s Answer

    Your lawyer should have access to all of your records turned over in repsonse to subpoena.

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  • A signatory on a business account moved the funds to an alternate account leaving me off. How can i request bank statements

    K1 Returns filed at end of year showing me as an owner.

    Richard’s Answer

    As an owner you should have a right to get them from the bank directly. Ortherwise the vbank may require a court order, in which case you'll want to engage the services of a business litigator.

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  • Will the Trustee sell my home when I file for Chapter 7 Bankruptcy?

    I'm behind in my mortgage for about 5 years and I like to file Chapter 7 Bankruptcy since I owe about $400,000 and the current value of the home is about $220,000. If I don't re-affirm the mortgage, will the Trustee attempt to sell my home or will...

    Richard’s Answer

    You need to meet with an experienced New Jersey bankruptcy lawyer to review your options in a confidential office setting. Based on your facts the chapter 7 trustee will likely not seek to sell your home because there is no equity to offer to unsecured creditors. It is impossible to know what the lender will do if you file except that it will need to file a motion in the bankruptcy case for permission to proceed with a state court foreclosure action. This may slow things down a bit. These observations are necessarily generic because we have not met and you are not a client. You would do well to seek out professional guidance without delay.

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