Skip to main content
Richard E Weltman
Avvo
Pro

Richard Weltman’s Answers

1,101 total


  • Can I sue a college for false pretenses/fraudulent misrepresentation

    Hi I wanted to know about fraudulent misrepresentation. A year ago I applied, and got into, a college in upstate NY. They then told me I had to take several pre-requisite courses throughout the year in order to get into the program of my choosing....

    Richard’s Answer

    It sounds like you might have a shot. Either way, this is likely to be a tough claim to prove. Also, count on your action being strongly opposed and heavily defended by the school's legal team. Suggest you first arrange to meet in person with an experienced education lawyer. Bring your proof to the meeting. Without reviewing the college's particular disclosures and rules, it is difficult to provide an informed response to your question in this public forum. Good luck in getting this fully sorted out.

    See question 
  • If a judgment is entered in New York without due service of process then what?

    Was "informed" that there was a judgment entered but there is no Notice of Entry nor Affidavit of Service. The judgment is just "filed" with a date stamp by the County Clerk. There was never a Notice of Entry nor an Affidavit of Service so there...

    Richard’s Answer

    Consult in a confidential office setting with an experience New York litigation lawyer. Typically, you will need to file a motion to vacate the default on the grounds of excusable neglect and meritorious defense. This will not happen automatically, but it seems you are on your way.

    See question 
  • Can a New York State plaintiff who gets a New York State Default judgments against a California defendant collect that judgment?

    I'm a New York state plaintiff who is trying to get a default judgment in New York State supreme court, against a California plaintiff who does not live in New York. The defendant had a business in New York City. They sold/closed the business and ...

    Richard’s Answer

    Mr. Smollens is entirely correct. Your judgment will be effective against any of defendant's assets within New York State. If there are no assets located in New York and you need to enforce the judgment against assets in California, you will need to engage a California attorney to domesticate the NYS judgment in California.

    See question 
  • Do repairs to an underground water line that resulted in driveway getting ripped apart constitute a misuse of the common element

    The driveway of my townhouse had to be partially ripped to repair an underground water line. My contention is that this is a Limited Common Element and as that the association is supposed to pay for it. The associations attorney has indicated that...

    Richard’s Answer

    Consult with your own private attorney in a confidential office setting. You raise the classic type of factual dispute that is not likely to be resolved in this public forum. There may also be questions about notice to the association. Your last point about being asked to procure insurance coverage from the same water company needs to be further explored for potential conflicts of interest. Bottom line is that the association has its own counsel and you should too. Good luck in getting this sorted out.

    See question 
  • What happens if you don't show up in court in a civil lawsuit?

    What happens if you do not appear in court in a civil lawsuit as the defendant? Will the case still continue without your presence? If the other party has no evidence and the only way they can win in court is based upon the defendent's testimony a...

    Richard’s Answer

    If you simply don't show up you risk losing to plaintiff by default. And because you have already entered an appearance in the action, the judgment granted to plaintiff is likely to be "on the merits" and not on default. Speak in a confidential office setting to an experienced NY trial lawyer before putting yourself in harm's way.. Good luck in getting this resolved the right way.

    See question 
  • Can a judgment be vacated after it was satisfied? (New York State)

    I received a summons from a utility company to pay a past due bill. After a phone consult with a lawyer, I was told to contact them directly to make payment arrangements. I did and paid the amount the utility told me to pay (which was less than th...

    Richard’s Answer

    Once a judgment is satisfied there is typically nothing further to vacate. The matter is moot. You can try to file an action and seek disgorgement from the utility judgment-creditor based on both excusable neglect and a meritorious defense to the action. In addition to the mootness issue, the effort to vacate may cost substantially more than the judgment itself. Meet with a lawyer in a confidential office setting and get guidance concerning your particular facts and circumstances. Good luck.

    See question 
  • Chapter 7 bankruptcy. What is the time frame of transfer of property before filling?

    I qualify for chapter 7 based on my debt and income I have never filed bankruptcy in the past.I would like to know what is the time frame the trustee could ask regarding transfer of property because I transferred my car to my mom 1 year 4 month ag...

    Richard’s Answer

    I agree with my esteemed colleagues. . The outcome will also depend on the value of\he car at the time of transfer.. Consult in person with an experienced bankruptcy attorney concerning this issue and the totality of your other facts and circumstances.. Good luck.

    See question 
  • Can I be forced to pay a maintenance fee?

    We hire a management company, but there are people who hasn't paid,can I be forced to pay.

    Richard’s Answer

    This appears to be a real estate question. You may wish to re-post it. In all likelihood you should review your homeowner association or similar documents with a real estate lawyer or read them yourself. Where homeowners do not pay their share it typically falls on the other homeowners to make up the shortfall through an assessment.

    See question 
  • Which offers better legal protection: an S-Corp or an LLC?

    I am looking to form my business under either an S-corp or an LLC, but I want to protect myself / personal assets from any lawsuits to the best of my ability, should legal trouble ever arise. I recently had a dealing with a copyright / trademark i...

    Richard’s Answer

    Speak with your accountant if your issues are primarily the costs of operation and LLC "flexibility." Most lawyers prefer corporations because the law is better settled. Both forms--LLC and corporations--offer limited liability to protect the owner from most liability provided you don't commingle assets or use the entity to commit fraud. Again, when you are ready to make the plunge meet with a business lawyer in a confidential office setting and share your objectives and goals in detail. Most lawyers will likely steer you to the corporation, all other things being roughly equal regarding protection.

    See question 
  • Can a judge "research online" or are they required to limit their decision to information presented in court?

    In my post-divorce Plenary Hearing, my ex-wife presented a printout from a website, and the print out was lousy. They judge said, "don't worry, I can always look at this on the internet." Further, the judge's decisions clearly indicates that he ...

    Richard’s Answer

    Typically, the judge may consider and "take judicial notice" of matters in the public domain--including information posted online--but should call this out in his or her opinion. The idea is that credible and reliable information be used by the court when deciding the factual and legal disputes. When in doubt discuss the particular facts and circumstances with your own lawyer in a confidential office setting. Good luck.

    See question