Skip to main content
Peter J Weinman
Avvo
Pro

Peter Weinman’s Answers

2,456 total


  • What are my rights in the situation with leasing, when I paid 17000$ directly to a vendor/manufacturer? What are my options?

    Hi, I own a mobile ultrasound company. When I started the company, I had to get an equipment, it's a mobile ultrasound machine. I got it through a vendor. I wanted to lease the equipment, but a leasing company would not completely cover t...

    Peter’s Answer

    Your options will be found in your agreement - which probably is based on WA law... but without seeing the agreement, even that is debatable. You should sit with an attorney who can review the agreement and help you figure out your obligations and rights - and potential liability. Good luck.

    See question 
  • Can I sue my school for not finding seats in my class room and paying for a parking decal and not finding parking?

    I go to college and I pay for my parking everyday issue I get late to my classes because of this problem and some times I don't find a chair to sit on in the class some times. I have attended this school for six years now and I had some classes my...

    Peter’s Answer

    I agree with the others that arriving earlier might resolve the issue, but I also think that if your school is selling more parking decals than existing spaces, you might be entitled to a refund on the cost of the parking decal. If there are not enough seats in the classroom - that's another issue that surprises me.

    See question 
  • Do I have a reasonable argument to dismiss either ticket ?

    Driving from Brooklyn over the Verrazano into Staten Island I was ticketed at 0136 at the toll booth for invalid Ez pass (forgotten balance) my fault. At 0141 I was pulled over close to exit 11 on the staten island expressway for allegedly doing 7...

    Peter’s Answer

    Your theory on the time is flawed since a vehicle could travel from zero to 71 (or more) in about 3 or 4 seconds and then back to a lower speed and you'd end up with the same average. As the others have said, SI has the highest conviction rate in the city, so you definitely need to retain counsel if you want to have even a chance. There's an attorney on Staten Island named James Birch who does nothing else - if I were you I would call him.

    See question 
  • Can ACS use a recording against me that was obtained illegally??

    My neighbor recorded an argument between my significant other and I while standing by an open window. She then reported it to ACS because my two kids were home at the time. Yet they were sleep. Now ACS is saying that they believe it to be a domest...

    Peter’s Answer

    You're correct, but it could theoretically be used to support other evidence or to rebut other statements. You really need to sit in a private setting with an attorney well-versed in this area -- sooner than later. Good luck!

    See question 
  • How to deal with defendant vacating judgement in small claims?

    Hello. I won a default judgment against a laundromat that lost a bag of my clothes. They did not show up to the first court date. Now they are vacating the judgement. What should I be prepared for? It will just be another hearing? Or can I ask tha...

    Peter’s Answer

    The small claims court is very liberal and will allow a default to be vacated for basically any reason - in the interest of justice. There may be a strong argument that the case belonged in Manhattan, but by simply blowing-off the Richmond County case (as opposed to answering and moving to have it relocated), he's not going to look good in the eyes of the court. Your case will be restored to the SI calendar and then he may try to have it moved. Be prepared to do it again - and maybe in Manhattan.

    Note, very often, in these dry-cleaning / laundromat cases, you will be limited to a small amount, such as the amount you paid for the laundering, as opposed to the value of your clothes. There are usually signs in the establishment that say that and it's almost always written on the receipt. Good luck!

    See question 
  • I got a marshal court order for a credit card judgement that they will be garnishing my pay for the amount I owe. Would a lawyer

    I need a credit card lawyer

    Peter’s Answer

    Not knowing the amount of the judgment and the current state of your financial affairs, I'm not sure why some of the others are so quick to suggest bankruptcy. You have not provided enough information for a meaningful response - in my opinion. Depending upon whether you wish to dispute the judgment (maybe you were never served) or whether you have a legitimate reason for having defaulted (and a meritorious defense), an attorney may be able to help you vacate the judgment and / or work out a better deal than what the amount is to be garnished. You should sit with a local attorney who is well-versed in this area in a private setting. Good luck!

    See question 
  • I have a pending inspection for a suspected illegal apartment. Other than a kitchen, what else do County inspectors look for?

    I have been renting the apartment, but my tenants have graciously moved out. I have removed the sink, stove and refrigerator in the kitchen. The house as it is, is in the same condition it was when I bought it, I have not personally made any chang...

    Peter’s Answer

    Mr. Bianchi is correct. Additionally, I want to point out that simply because conditions existed when you purchased doesn't mean they're legal. Whether someone else before you - or you - made any changes won't matter. If you are able to simply put a car in there (not sure what the floorplan with the bathroom is) you might be able to simply show them that and they'll go.

    Good luck.

    See question 
  • If I've already contacted both national and local social security and still have no answer,should I contact the police?

    I've already contacted my local office of social security,about my missing checks while I was in icu,I've been given the run around.they told me to contact a bank which I haven't been with in years and they sent documentation stating they have no ...

    Peter’s Answer

    Let SS figure it out, but in the meantime, if you want someone to investigate, try the Post Office. Their police would certainly be interested in mail theft, assuming that's what you think happened.

    See question 
  • What can I do on my own to appoint one of my children as power to make decision on a health issue if I'm not capable

    What to appoint my daughter to handle my health issue if I cant

    Peter’s Answer

    You're talking about a health care proxy and/or living will. Here's a link to the New York State Bar Association's page with information and links to documents that you can use to do it yourself. However, that said, I still believe it's best to discuss it with and have it prepared by an attorney who will be better equipped to ascertain whether there are other issues/concerns that can and should be addressed either instead or simultaneously with the health care proxy and/or living will.

    See question 
  • Company says they overpaid me 8K in 2015 due to a clerical error

    Hi and thanks for your help I was layed-off in November 2015. I have been receiving unemployment since I have not been able to find anything during the holidays. I just received a letter from my old company saying they discovered an mathematical...

    Peter’s Answer

    Absolutely, they can sue you if they can prove they overpaid you in error. I'm assuming you have no defense (ie that they're incorrect) since you're already discussing payment options. I would work with them on a payment plan that works for you - obviously, until you're collecting unemployment they cannot expect much. Good luck!!!

    See question