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Robert A Stolzberg

Robert Stolzberg’s Answers

423 total


  • Can I fire my court appointed attorney before trial?

    I have an court appt attorney who is not taken the time to view my witness list, go over my case etc. She just want to make deals, like at pre trial the DAs office offered me 9 months, yieks!. I feel it would be in best interest to hire a paid...

    Robert’s Answer

    You can also ask the court to appoint a new attorney, but it is within the judge's discretion whether he does so or not.

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  • Does Tina my ex-girlfriend have a case where I owe her money and how do I tell if the bed is "ruined"?

    I have broken up with my girlfriend, I slept on her bed and she slept on an air mattress. "Tina" the girlfriend said I snored and took up too much of the bed. She then said I ruined the bed by sleeping in it too much and now she cannot use it. ...

    Robert’s Answer

    1. No
    2. Look at it or lie down on it.

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  • 1) I want to know if she is eligible for alimony and if she is how much approximately? what about our debts?

    I am 30 years old male married to a 40 years old women. she was married twice before. we have been married for almost 5 years. She has 5 kids (18, 16, 14, 11, 9 years old). she recived $1350 dollars child support from her first husband. Things a...

    Robert’s Answer

    In general, you can expect alimony to last for 2 1/2 years and be in the area of $400. to $850. It is up to the judge hw s/he divides up assets and liabilities; the starting point is 50/50 but that could be affected by factors such as what each of you brought into the marriage and your future likelihood of capital appreciation such as an anticipated inheritance.

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  • Am I safe with this new law? Does my case apply to the new law?

    I was married in mass in 1976, divorced in 2005. I have been receiving alimony since divorced, I fear he can stop it at anytime due to the new law.

    Robert’s Answer

    He cannot unilaterally stop or change the amount of the alimony. Depending on the language in the settlement agreement, if there is one, he can seek to modify a court order with regard to the duration of alimony based on the new statute. In addition, he might be able to move for a modification of the amount based on changed circumstances.

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  • Question is in the Details section

    I was married in Massachusetts for 9 years, Divorced took effect July-2009. I pay Alimony, since my ex-wife did not work our last year together and used her MS to go out on Disability after we were separated, even though she was fine. Our Divorce/...

    Robert’s Answer

    If you entered into an agreement, that is a contract that has to be honored by the courts. Therefore, the first place to look is the provisions that govern modification and merger. You probably need a qualified attorney to evaluate these provisions. Only after that is done can you evaluate your best course of action, which will involve predicting your likelihood of winning, what you will gain if you win, and the cost of seeking the modification.

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  • In a probate case what is considered "entry of Judgment" for the purpose of filing an appeal in time?

    I'm trying to find the law regarding when the clock starts ticking to file a probate appeal. I thought that it started when an Order was signed and filed with the court, but then I read that it starts at the date of entry in the permanent minutes....

    Robert’s Answer

    Go to the clerk's office and ask to see the docket sheet and see if it is reflected there. In most states a premature notice of appeal is a nullity. therefore, if in doubt, file you notice of appeal now and then, file another one if the Order is later entered in the permanent minutes.

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  • How do I now appeal again? I want the judge recused as well.

    I had to represent myself in my divorce. Appealed final divorce judgement. Judge threw out appeal without proper notice..and now has vacated her motion to dismiss my appeal. Now where do i re-begin again? thank you in advance. I reside in the l...

    Robert’s Answer

    You have thirty days from judgment to claim an appeal. If you missed that deadline, and the judge vacated his earlier decision on strictly procedural grounds, he will probably dismiss it again after giving you proper notice. You should hire a qualified appellate attorney to look at all the facts to advise you. Act quickly because the clock might be ticking.

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  • Does the attorney's location make any difference in dealing with asylum cases?

    I live in Boston, MA and I want to file a mandamus petition in federal court against Arlington Asylum office in VA. I don't have an attorney yet. Which is better, to hire an attorney from Boston or from Arlington?

    Robert’s Answer

    It doesn't make a lot of difference. If it is an appeal, it will be mainly on the record so a lawyer close to the court will probably save you some money. However, if you have a good relation with a qualified attorney near where you live or work, you might feel more comfortable being able to have face time with him or her.

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  • Is this procedurally wrong? Will the appeal judges look at her delayed rationale?

    Judge denied my motion without any comments, just stamped "motion denied". I filed an appeal. The judge then wrote her rationale and docketed it, 4 months after the denial. Is this common? Anything wrong procedurally?

    Robert’s Answer

    It is unusual but shouldn't make a difference. If anything, it helps you because now you know what you are trying to show is erroneous. In the final analysis, the issue is whether the judge acted correctly in ruling on the motion. If s/he did, then it is not dispositive whether his/her rationale was correct.

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  • I was convicted of larceny but my case was overturned. Not remanded. Am I immediately released from probation?

    I went to jail for something I didn't do.

    Robert’s Answer

    The appellate opinion or rescript typically says what should happen. It sounds like a judgment of dismissal should be entered in the trial court but without seeing the documents, it is impossible to tell for sure. Your appellate attorney should be able to advise you on the next step.

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