Richard E Weltman’s Answers

Richard E Weltman

New York Litigation Lawyer.

Contributor Level 12
  1. Is a notice of settlement required for a counter-judgment?

    Answered 12 months ago.

    1. Penelope J Blizzard-McGrath
    2. Richard E Weltman
    2 attorney answers

    Yes. The rule in New York regarding notices of settlement and judgment after trial applies equally to both plaintiff and defendant. It appears as though you are handling this matter on your own. Not a good idea to be representing yourself in a matter like you describe. I recommend you hire a lawyer to assist you. If you feel you cannot afford one, contact the Suffolk County Bar or legal assistance for a referral. Good luck.

  2. In addition to Garagemen's lien?

    Answered 12 months ago.

    1. Richard E Weltman
    2. Mitchell Paul Goldstein
    2 attorney answers

    Have you had your storage agreement reviewed by a Rochester attorney? Assuming you have followed all of the steps and notifications, NY law allows for the sorage faciulity (or garageman) to see to recover a judgment follwed by a

  3. How can I punish the medical doctor who disturb/harass my NP practice?

    Answered 12 months ago.

    1. Cindy Bassett
    2. Richard E Weltman
    3. Nina Yablok
    3 attorney answers

    I agree with my colleagues. Reputation and integrity is critical to any health professional. Business disputes between competing health care professionals--over the Internet, through print or otherwise--can spiral out of control and lead to defamation claims and counterclaims, and much more Take the high road. I caution you to investigate the facts fully before you file charges against your colleague for false reporting, improper business practice, or actual fraud. Do your homework. You...

  4. I have a C Corporation in New York, I would like to have a separate Entity for a diferent type of Business,

    Answered 12 months ago.

    1. Dana Whitney Atchley
    2. Richard E Weltman
    3. Linscott Roberts Hanson
    3 attorney answers

    Based on your question, my concern is that you may be setting this up to improperly commingle assets between the entities. If you do, you may inadvertently end up with the parent being the alter ego of the daughter entity. There are better ways to accomplish this. I suggest you speak with a business lawyer after first speaking with an accountant about your business plan and what you are trying to accomplish. Your business lawyer will make sure all your mission-critical documents are in order,...

  5. Can night club managers sue me or my friend?

    Answered 12 months ago.

    1. Richard E Weltman
    1 attorney answer

    Whether or not you are on camera the club may have statements or other reason to believe you are liable. I recommend you obtain a copy of the police report. Speak to witnesses and obtain your own statements if possible. Cancelling your bank card will not prevent a lawsuit. The club knows who you are. Be proactive. Return with your friend to the club and offer to.make things right I hope this insight is helpful to you.

  6. I am being disposed as a 3rd party witness. Will I be paid a fee for my attendance?

    Answered about 1 year ago.

    1. Christian K. Lassen II
    2. Stuart M Nachbar
    3. Richard E Weltman
    3 attorney answers

    As a third-party witness with knowledge, you may be asked to give testimony in a New Jersey Superior Court legal proceeding pursuant to a subpoena. , you may be entitled to a modest mileage fee, but do not expect to be otherwise compensated for your appearance. Of course, if you are served with a civil deposition subpoena it is recommended you review--with independent NJ litigation counsel beforehand--your obligation to appear, produce documents, and give testimony under oath.

  7. Why can't I use a PO Box for the buisness address when applying online for an EIN?

    Answered about 1 year ago.

    1. Barry F Gartenberg
    2. Richard E Weltman
    3. James W Claflin Jr
    3 attorney answers

    New Jersey requirements for formation of a domestic LLC permit the use of a Post Office Box solely when the physical street address is expressly disclosed. This is not unusual. Indeed, many other states have similar requirements in order to regulate business entities formed within the state and to keep business owners accountable and subject to service of process. I have attached the official New Jersey form for business entity formation as well as the accompanying instructions which...

  8. Why can't I chage the utilities to my wife's name?

    Answered about 1 year ago.

    1. Richard E Weltman
    1 attorney answer

    You'll want to speak to your lawyer about this. Because there is an order in place you'll want to move cautiously. If the order of protection provides that you must pay the mortgage and take care of certain household expenses, these usually include utilities. Is the order silent on this point? Unless there is clear authority to the contrary it makes sense that the utility account remain in your name. To change it suddenly to your wife's name without court permission may violate the order...

  9. Do credit unions have special privileges to change interest rates on car loans after the contract has been signed?

    Answered about 1 year ago.

    1. Matthew R Schutz
    2. Martin L Bearg
    3. Richard E Weltman
    3 attorney answers

    Are you saying there was a mutual mistake of fact over the interest rate? Did you in fact agree to the higher rate or understand the 4.99% rate was a teaser or introductory rate? My point is normal contract rules apply here. I know of no special rules or privileges extended to credit unions as lenders to change contracts after they are mutually signed. The financing agreement--and the parties' course of dealing-- governs. I suggest you discuss the facts and circumstances with a business...

  10. I cosigned for a loan that is in default, if I am on the title can I go get the car and take over payments?

    Answered about 1 year ago.

    1. Richard E Weltman
    1 attorney answer

    Ordinarily, a loan co-signer is not the same as the owner. I assume you are listed on the title as a secured party not the owner. In any case, you should review the loan documents and check with the lender. If you and your girlfriend agree about her turning the keys over to you, and the lender has no problem with it, be sure to see a lawyer and put the agreement in writing. Self-help is not enough. The title will need to be changed as will the registration and insurance. Be sure to confer...

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