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Nicholas Donovan Heimlich

Nicholas Heimlich’s Answers

194 total


  • Employer has contacted our attorney; asked what we require for a settlement amount. He responded.

    How long does the employer have to respond?

    Nicholas’s Answer

    There is no obligation for the employer to respond at all regarding settlement offers. They can ignore the response if they want. Your attorney should follow up after 7-10 days to see if they are interested in the offer or received the correspondence.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • We have a judgment from Federal Court for fraud - litigated in California, WON and domesticated successfully in Pennsylvania --

    Defendants live in Hazleton and Tamaqua areas - they have assets but hide them in other names -- we are fairly certain of illegal transfer, additional fraud etc. Originally 7 defendants including their businesses -- now down to 4 (2 of which ar...

    Nicholas’s Answer

    I think you are figuring out how to get paid on the judgment. You should hire a Pennsylvania attorney. If your California attorney knows someone in PA, then ask them, otherwise ask other attorneys you know for referrals. Generally, you want to search for assets. A few ideas, look for banks that they bank at, check records, real property (real estate), operating businesses.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • I am testifying tomorrow as a witness. I know there will be questions asked I cannot answer due to a breach of contract, what

    can I say to avoid questions I do not want to answer?

    Nicholas’s Answer

    I'm not sure if this is deposition or trial. If you do not know the answer, then it is perfectly okay to say so. If you do know, then absent a legal reason (your attorney should represent and advise you on this) you should testify to what you know. In general, to avoid questioning there must be a valid objection or privilege. You need to consult an attorney in NY.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • False testimony

    What you can do if your ex. testified falsely in court on various occasions and on the depositions, and Judge made decision based on his false testimony.

    Nicholas’s Answer

    Present evidence (preferably written) to contradict that testimony. Also, find other witnesses who can testify on your behalf. Without more info, there isn't much to say. You should consult an attorney in Chicago, I am from California.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • My tenants have decided not to pay me rent this month and have decided to move out until I present them with a court evition

    order. it was a signed month to month contract between daughter and mother. They got upset with me due to the fact that I drew the attention of them not obeying the contract about maintaining trash in proper area and keeping the front yard clean...

    Nicholas’s Answer

    The key question is are they paying the rent? These other items, while technically violations are not really great reasons to try to evict people. Are you really going to go into a Court and tell a Judge to complain about 4 beer cans? The dogs are an issue. i would also recommend mediation, try to look at the local superior court website, if not, then unlawful detainer is the process to evict someone. Hire an attorney to do it, specialists in this area don't charge that much.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • I was released and terminated on Wednesday-3/2. Our 2010 performance bonus was released 3/4 and did not get it. Is this fair?

    I was released and terminated on Wednesday-3/2. Our 2010 performance bonus was released 3/4 and did not get it. Is this fair?

    Nicholas’s Answer

    If you have done everything to earn the performance bonus except sitting at work two days, it would seem that you are owed the bonus. You should consult an attorney familiar with wage and hour law. I think there is some chance you are owed that money and possibly other money, but all documents related to this bonus and your employment must be reviewed.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • Could I Lose Unemployment Benefits?

    Lost my job as a secretary in August 2009. I’ve been collecting CA UI benefits since September 2009. Unsuccessful in securing a new job because I am not proficient in Microsoft Excel or Power Point. Signed up for CA WIA computer training. A...

    Nicholas’s Answer

    You need to contact EDD to figure out if they have made a decision. I can't tell from your answer. If you disagree with their decision, then you can challenge it.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • Definition of "unemployment"?? What does section (2) mean ??

    " (a) An individual is 'unemployed' in any week in which he or she meets any of the following conditions: (1) Any week during which he or she performs no services and with respect to which no wages are payable to him or her. (2) Any ...

    Nicholas’s Answer

    Section 2 refers to if your wages are less than what you would be paid by unemployment. Unemployment determines exactly how much you would be paid based on past earnings. If you simply report your earnings, EDD should figure out whether you qualify.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • Should I form an LLC with a partner who owes money to EDD?

    How will that affect the LLC or me personally? or Should we just form a partnership?

    Nicholas’s Answer

    Why risk it? I would bet that if they owe money to EDD they are not contributing money to this new business venture. If that is so, then why give them an equity stake or even have them involved. An LLC is better than a partnership with this concern, but there is still always some risk. You also need to be careful to keep finances separate between the LLC and other parties. There are many steps you need to talk to avoid possible alter ego liability. You should consult a business attorney. Better to avoid this person until that money or debt is settled.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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  • What kind of charges for an adult sending nude pictures to a minor?

    My friend's son sent nude pictures of himself to a minor. He's 26 and she's 17. Her parent's found them and called the police and he's now arrested He's also on probation for possession of marijuana that was to go away in 3 months. She's wondering...

    Nicholas’s Answer

    Your friend and friend's son needs to consult with a criminal defense attorney. There is no simple answer now that the 26 year old has been arrested. You also should never post anything online that involves allegedly criminal conduct. I suggest you withdraw the posting immediately.

    This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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