David Lawrence Ganz's Answers

Do you get to be called a doctor with JD?

Years ago, attorneys received a bachelor of laws (LL.B.) degree. T he federal government, as I understand it, hired them as if they had a bachelor's degree. So starting around 1960, the universities and law schools awarding the degree changed them to a J.D. and allowed anyone who had received an LL.B. to send it in and convert to the J.D. (Then the federal government STARTED hiring these J.D. folks as holders of an advanced degree. You (as a lawyer) can get a masters of law (LL.M.) and a...

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Florida foreclosure law, procedure for responding to a foreclosure summons

You do not state whether your house is being foreclosed (i.e., a mortgage on the housein whcih you reside) or where you have given a second (or third) mortgage that is being foreclosedupon. Foreclosures have seveeral compoent parts:Mortgage foreclosures includea summons, complaint, notice of pendency preparation and service of process; preparation of motion to appoint referee; referee's report; preparation of judgment of foreclosure and sale; preparation of various declarations and affidavits...

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How do I serve a defendant a small claims lawsuit if I don't have their address

You have to find an address. First, try the internet and see what you can find. Seecond, try a postal trace. You use the Freedom of Information Act - FOIA(5 USC §552 et seq.) and demand your rights. This powerful disinfectant of sunlight on the government was symbolically enacted on July 4, 1967 when President Lyndon Baines Johnson, a strong proponent, signed the Freedom of Information Act (FOIA) into law. Franklin D. Roosevelt spoke of the four freedoms -- freedom of speech...

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Is it normal for a real estate company to charge $75 for lease writing?

Unauthorized practice of law is something that most bar associations take very seriously, and the Real estate company would be doing that if they dreafted the lease. (There are a number of legal stationers such as Julius Blumberg and All State who have forms to work with... but they don't fill them out). RFenters insurance on the other hand is good advice; its inexpensive and GEICO and some others have it; you get a lot of covreage for very few dollars. The $75 feeis modest goven the fact...

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What are possible consequences if I refuse to respond to a witness subpoena in a divorce case

It depends on the jurisdiction, but generally, if you are a fact wwitness, you can be copelled to testify. WHAT SHOULD I EXPECT IF I'M A WITNESS IN A CASE? As a witness, whether plaintif, defendent or bystander, you can expect to be "deposed" and later to appear on the witness stand. Deposition happens before a trial and is oral testimony, administered under oath, presented by a witness. You may have some knowledge, a great deal of knowledge, or no knowledge at all about the...

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New York debt collection, service of summons by mail

Your query is not really specific. The Fair Debt Collection Practices Act is specific in prohibiting conduct towards a judgment debtor (someone who has been owes money under a court judgement) over the telephone, and otherwise, including by mail. When it passed the Fair Debt Collection Practices Act, one federal court stated that Congress had in mind such abusive practices as: obscene or profane language, threats or violence, telephone calls at unreasonable hours, misrepresentation of a...

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What if i waited to late to file an answer to a lawsuit?

Generally speaking, y ou have to file your answer on time. Exception: if your adversary gives youmore time. If that is not an option, you can ask a court for relief to file late. WHen you do sdo, typically you must show (1) justifiable excuse for not filing on time (2) a genuine answer that is not designed to waste the court's time (a meritorious defense to use the vernacular) and culpalblecondudct by the o ther side (and a lack of real prejudice to the other side. you can try and sak for this...

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Do I need a lawyer?

A number of retailers such as the one named by you have taken a very harsh stance on those individuals who are charged with shoplifitng (sealing) beause it has such a big effect on their profit margins. The first thing you need to do is to get a lawyer who is experienced in this area. The second thing you need to do is refer all questions or corespondence from the complaining ocmpany to that lawyer and not respond on your own. You have a serious problem but it is one that a lawyer can give you...

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On a civil case can i represent myself

He who has himself for a lawyer... has a f ool for a client. Green v. Grounds, Not Reported in F.Supp.2d, 2011 WL 5118783, C.D.Cal., October 26, 2011 (NO. CV 11-2722 JST E), quotes the aphorism; in In re Marriage of Greenberg 194 Cal.App.4th 1095, 125 Cal.Rptr.3d 238 Cal.App. 2 Dist.,2011, the Court attributes to Lincoln that "he who has himself for a lawyer has a fool for a client". In Faretta v. California 422 U.S. 806, 95 S.Ct. 2525, U.S.Cal. 1975, the U.S. Supreme Court (Stewart, J.)...

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Do I need an Atty to Keep my Engagement Ring?

It depends where you live, and under what circumstances the ring came into your possession. It may also depend on who broke up the engagement. In the convoluted world of domestic relations, perhaps nothing is more confusing than the so-called "heart balm" statutes that were made the law in each of the various states, and then abolished more than a half century ago to be replaced with a hodge-podge of custom and modernity. For the past 30 years, at least in New York, persons...