David Jay Sternberg’s Answers

David Jay Sternberg

Mentor Divorce / Separation Lawyer.

Contributor Level 14
  1. I saw on the Court-view 2000 site that it shows my foreclouser court case.Do I have to file to have the RECORDS SEALED

    Answered over 1 year ago.

    1. David Jay Sternberg
    2. Christopher Lee Beck
    3. Robert Perez Soto
    3 lawyer answers

    Ohio law has no procedure for sealing civil case records. Once filed with the court, the filed papers are public record open to inspection.

    Selected as best answer

  2. What are my options for my chapter 13/house? My lawyer abandoned me.

    Answered 4 months ago.

    1. Shaye Larkin
    2. David Jay Sternberg
    3. Sandra A Kuhn Esq.
    4. Richard Glenn Elie
    5. David Eli Larson
    5 lawyer answers

    The house debt was in your Chapter 13. You were allowed to pay directly. It sounds as if your case is filed in PA: hence, you need a PA bankruptcy attorney. I believe he would amend the Plan to surrender the house and treat the deficiency as a unsecured debt.

    7 lawyers agreed with this answer

  3. My ex inherited an estate held in a trust spendthrift provision. He is obligated to pay support & hiding income Should hire P.I?

    Answered over 2 years ago.

    1. Sherrille Diane Akin
    2. David Jay Sternberg
    3. Curtis Lamar Harrington Jr
    4. Christian K. Lassen II
    5. David L. Carrier
    5 lawyer answers

    Your attorney will know how to proceed. I would expect your attorney to take the deposition of the trustee to establish the full extent of the trust assets and income. This would give your attorney the ability to examine the trust documents to determine whether there is a spendthrift clause which is effective. I too don't believe this is a case for a private investigator. Through depositions and production of documents, your attorney will be able to show his income by this standard of living.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I was subpoenaed by the defendants attorney in a rape case. Do I have to testify for the defendant?

    Answered over 1 year ago.

    1. David Jay Sternberg
    2. Rixon Charles Rafter III
    3. Robert Bruce Kopelson
    4. Ellis L Bennett
    5. Charles Michael Tobin
    5 lawyer answers

    Your obligation is to appear on the date stated in the subpoena and answer questions truthfully. That is the long and short of it.

    6 lawyers agreed with this answer

  5. My husband committed adultery.I'm planning to file for an uncontested divorce in OH.Do I need to mention the ground for divorce?

    Answered over 2 years ago.

    1. David Jay Sternberg
    2. Brian Scott Piper
    2 lawyer answers

    Yes is the simple answer. First are you and your husband in agreement that you want to end the marriage? If so, then what you need to do is enter into a separation agreement and jointly file a petition for dissolution. Dissolution does not require any grounds and merely requires that the parties jointly want to end the marriage and have agreed on all issues,i.e. who gets what property, who is liable for which bills, who gets the kids and what the amount of child support and any spousal...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I am in chapter 7 . The mortgagee of my rental property filed a motion to be dismissed from bankruptcy .

    Answered over 1 year ago.

    1. David Jay Sternberg
    2. Dorothy G Bunce
    3. Lucy Magness Hebron
    3 lawyer answers

    I am at a lost. You filed a Chapte 7 and have a rental property. The mortgagee of the rental property has filed a motion. As pointed by one of the other attorneys there is no motion to dismiss. Most likely what was filed is a motion for relief from stay and abandonment which would permit the mortgagee to file a foreclosure action on the rental property. Or is it that you are renting a property and the mortgagee of that property has filed a motion for relief from stay due to you not paying...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can temporary disability from employer be denied because I was jailed?

    Answered 10 months ago.

    1. David Jay Sternberg
    2. V. Jonas Urba
    3. John M Connell
    3 lawyer answers

    Under Ohio law if you are in jail you cannot received cannot collect benefits under the Workers' Compensation Act.

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  8. Arbitration clause waives seventh amendment rights. How can this possibly be conscionable?

    Answered 9 months ago.

    1. David Jay Sternberg
    2. Jason Todd Studinski
    3. Jeffrey Ira Schwimmer
    4. Samuel Cohen
    5. Philip Anthony Fabiano
    5 lawyer answers

    The problem is that the courts, and the Ohio Supreme Court in particular, favor alternative dispute resolution, i.e. arbitration and mediation. Consumers can fight these clause but it is a uphill battle and very fact oriented. You need to consult with an attorney.

    5 lawyers agreed with this answer

  9. Why is it that in Ohio once you foreclose(I'm the plaintiff) on a property you have to get a sheriffs appraisal?

    Answered 12 months ago.

    1. David Jay Sternberg
    2. Michael J. Caticchio
    3. Charles Ross Smith III
    3 lawyer answers

    I am not familiar with Florida law but in Ohio the General Assembly enacted the statues governing foreclosures to protect the interest of the mortgagee and mortgagor. A sale pursuant to a foreclosure can only be done by the Sheriff of the County after the property is appraised by three fee holders in the county. This is to establish the property's value. Opening bid is 2/3 of the appraised value. I hope this helps.

    5 lawyers agreed with this answer

  10. I'm on disability, can my wife get spousal support now that I've left her?

    Answered about 1 year ago.

    1. David Jay Sternberg
    2. Thomas Austin Thompson
    3. Lee Alan Thompson
    3 lawyer answers

    Hopefully you were represented in the dissolution negotiations, if not, you are going to need an attorney now. There are sixteen different factors the Ohio courts are to consider in making a spousal support order. The fact you are on disability is very important but is not the only factor. You need to obtain an attorney who does divorce law and given him or her all the facts so that he or she can advise you.

    5 lawyers agreed with this answer