David Lawrence Ganz’s Answers

David Lawrence Ganz

New York Litigation Lawyer.

Contributor Level 10
  1. Florida foreclosure law, procedure for responding to a foreclosure summons

    Answered almost 6 years ago.

    1. Rasha Ghazwan Lutfi
    2. David Lawrence Ganz
    3. Gregory David Clark
    4. Margery Ellen Golant
    5. Joseph Brien
    6. ···
    9 lawyer answers

    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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  2. Do you get to be called a doctor with JD?

    Answered over 2 years ago.

    1. Kurt D. Holzer
    2. Craig A. Post
    3. David Lawrence Ganz
    4. Scott Joseph Whitbeck
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

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

    Answered almost 6 years ago.

    1. David Lawrence Ganz
    2. John Arthur Bender Jr.
    3 lawyer answers

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

    Answered almost 6 years ago.

    1. David Lawrence Ganz
    1 lawyer answer

    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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  5. New York debt collection, service of summons by mail

    Answered about 6 years ago.

    1. David Lawrence Ganz
    2. Elliott M. Portman
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered over 2 years ago.

    1. Marshall C Deason Jr.
    2. Raymond Todd Burbine
    3. David Lawrence Ganz
    3 lawyer answers

    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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  7. What is the process for getting a power of attorney and being appointed guardian of mother who has mental illness?

    Answered almost 6 years ago.

    1. William Martin Burbank
    2. Jeena R. Belil
    3. David Lawrence Ganz
    4. E. Alexandra Golden
    4 lawyer answers

    Seems lke you need a guardian. A guardian is an individual who acts on behalf of another who is incapable, either by reason of age or condition, of acting on their own behalf. We are all familiar with guardian angels, whose firm vision has been formed by James Stewart in "It's a Wonderful Life". In law, guardians function in much the same way: as a guardian appointed by a court for a particular instance; to assure the rights of an elderly patient for whom a conservatorship is brought; for...

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  8. Omnibus

    Answered over 6 years ago.

    1. David Lawrence Ganz
    2. Craig Edward Kennedy
    2 lawyer answers

    I practice in NY & NJ. An omnibus order typically responds to an omnius motion and is all-encompassing. It might include (civil action) a motion to dismiss, alternate discovery, setting time for depositions and repsonses; the order is the court's answer to the numerous reqiests. It will typically address a multitude of questions with many (sifferent answers)

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  9. Civil summons

    Answered over 6 years ago.

    1. Keith Samuel Hasson
    2. David Lawrence Ganz
    2 lawyer answers

    The Fair Debt Collection Practices Act specifically requires debt collectors to tell you that they are attempting to collect on a debt, and to warn you that information that you provide can be used against you. It's illegal not to, and you may have a claim against the debt collector. It's almost like the Miranda Rights that the Supreme Court has made law enforcement officers read to those whom they arrest: you do have a right to remain silent, because anything that you say, or do, will be...

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

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

    Answered over 2 years ago.

    1. Sherrille Diane Akin
    2. David Lawrence Ganz
    3. Bruce Martin Broyles
    3 lawyer answers

    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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