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Richard S Sternberg
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Richard Sternberg’s Answers

127 total


  • Lis Pendens to stop any further action by defendants while the earlier sale attempt is being litigated in Federal Court?

    Current federal lawsuit by plaintiff on defendants on a real estate property alleging fraud on multiple counts. Is it better to apply/file 'lis pendens' on the property so that no one will be able to sell or buy while the current litigation is pe...

    Richard’s Answer

    I agree wholeheartedly with my colleague, except to add that a lay person who files a lis pendens based on his lay evaluation of a fraud claim without advice of counsel and then proceeds pro se has a fool for a client. Judges hate fraud cases, and a poorly presented fraud case with a lis pendens is like hunting for red ants with nothing on except a sweatband.

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  • What options do I have to get this case dismissed and removed from my record? (landlord seeking possession due to unpaid rent)

    Landlord issued a summons to appear in court. There was a knock on the door, and then the summons was left on the door area. Landlord is seeking possession due to unpaid rent. The rent was paid online through a service provided by the apartment co...

    Richard’s Answer

    Your posted "discussion" with Mr. Sokolov is on point, and I have nothing to add to it, except to reassure you that Bars tend to ask if you have any unsatisfied civil judgments. Lawyers remain citizens of the USA, and they continue to have the legal right to seek redress and defend from claims in the courts. Only criminal and Bar Counsel complaints in which you are found blameless are used against you for life, and no successful graduate from an accredited law school should believe that is Constitutional.

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  • Is this is worth pursuing?

    My father died intestate in Australia several years ago and I was told by my family that that meant my mother automatically inherited his share of their house in DC and it's now all in her name. However, my parents were divorced sixteen years bef...

    Richard’s Answer

    My learned colleagues from across the country are all correct. In DC, the T by E became a T in C at the divorce. Since your father died after 1995 and in Australia, abbreviated probate or foreign probate maybe easier, but there will be some complications. If his wife contests the sale, an expedited litigation process is available in the probate division. But, you'll need a qualified DC lawyer for both the estate filing and the sale in lieu of partition. Whether that is worthwhile depends on the value of the house.

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  • Would it be advisable for me to have an attorney review ?

    I was just terminated from my place of employment. I work at a casino and it is an "at will" employer. My position there was a dual rate pit manager. I was informed that I was being investigated by human resources the day before I went out for ...

    Richard’s Answer

    You need to review the facts of your case promptly with a lawyer licensed in WV who practices Employmenf & Labor or Discrimination Law. Sooner is better than later, and it won't hurt to seek a couple opinions.

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  • How is it done

    What are the situations where a -person can get a continuance in court? If a person fired his lawyer and is seeking representation and actively looking for representation , does that count? Or must a new lawyer be retained to get a continuance? Ar...

    Richard’s Answer

    Mr. Brinkmeier's experience holds true in DC, as well. Granting or denying a continuance is up to the judge. Most judges in DC are pretty liberal about such things if the prejudice to the other side isn't too bad and the party seeking the continuance acts promptly. But, I've seem judges snap if you make them bend too far, so you need to get with it.

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  • Would I be able to pursue him in a small claims court for $300?

    In Washington, D.C., a rent-controlled state (or city rather), it is illegal for a sublessor to charge his/her subtenant more than the sublessor pays the master landlord, even if the sublessor pays the utilities. In the master contract, which th...

    Richard’s Answer

    Yes. It will cost more in time, aggravation, and actual costs than it could possibly be worth, but as an old professor of mine once taught, "Any idiot can sue. It takes a filing fee, paper, and a pen. Sometimes, a crayon can be used, instead." You might consider a complaint to the RA, but that isn't worth it, either.

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  • What is the legal way to remove a non contractual pastor from a church

    I need an attorney to represent me as a sole incorporator in a church

    Richard’s Answer

    Then, retain one. A competent lawyer will need to review the articles and bylaws as well as employment contracts and manuals of the church entity before answering your question.

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  • Can someone file a lawsuit concerning their violation of pursuit of happiness right after they've been sued excessively.

    a judge who awarded a excessive amount of money for harassment to a plaintiff which the specific amount was over ten million dollars. the defendant attempted to sue the judge and plaintiff for violation of his pursuit of happiness rights. thought ...

    Richard’s Answer

    The better, safer, more effective means of pursuing your happiness would be to stay on your meds. I know sometimes you feel better without them, but you really do need them. Once you are stabilized for a month or so, seek legal guidance from Community Legal Services.

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  • What should she do to avoid losing the house to the bank?

    Owner of house with a standing mortgage has past away. The mortgage is paid by the daughter (current occupant), but she is having a hard time getting the house/mortgage in her name.

    Richard’s Answer

    The bank is correct. She is not. While the technical title is different in this situation between DC, Md, and VA, and the steps required to change title or sell are different based on the date of death of the title holder in DC, the bottom line is the same. She need to open an estate so she can move the title and take control of the mortgage. She ca. Try doing that pro se, but, with a house involved, that's a mistake. Get a well-rated local lawyer as, at least, an attorney-advisor.

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  • My sister and I would like to find out if there is fraud involed and if so what can we do about it.

    I live in Harrisburg P. A. I found my uncle will in Washington D. C. it's on file in probate court. But it have not probated and the neither have the estate. But the representative states that he the sole beneficiary but the will dones't have a ...

    Richard’s Answer

    If you have read the Will, it is fairly easy to determine whether you are a beneficiary. Are you listed by name or relationship to get anything?

    If you are and you have heard nothing, you might want to pay a lawyer for a short consult, have him read the Will, and check the court file for the status of the probate.

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