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Richard E Weltman
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Richard Weltman’s Answers

1,104 total


  • If I do not go to a small claims summons will I be in any trouble for missing court?

    I used to work for a property owner, managing his apartment buildings. He terminated my employment and after that I received notification of a past prospective tenant suing the business (not me) for a security deposit on an apartment she never mov...

    Richard’s Answer

    Do not ignore this. You indicated you may be named personally in the summons and complaint. This means that If you do not appear and file an answer to protect your individual interests, a judgment could be entered against you upon default. You may wish to confer with a lawyer you trust about the particular facts and circumstances. Good luck.

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  • What do do if collection agency and I can't settle on an amount every month

    I'm not avoiding my responsibility but I can't afford more then 250 a month or at best 300. I messed up did some on line gambling. I owe 11,200 and I do not have it.i stopped gambling but can't pay. I can okay 250 300 A month but they want 2000, ....

    Richard’s Answer

    Let a collection manager understand your situation and that you want top avoid bankruptcy but everything is on the table.. If you still cannot reach agreement, you can send the agency a certified letter notifying them to stop contacting you further except in writing. If your debt claim is next referred to a lawyer you'll have another opportunity to work something out short of bankruptcy. You may do better if you hire a lawyer to help advocate for you. Good luck.

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  • Is the value of property in dispute if one side neither admits nor denies its value?

    If the relief value of a claim for return of property is neither admitted nor denied by the defense, does that leave the door open for motion for summary judgment by the defense, under the assertion that the relief value is not in dispute.

    Richard’s Answer

    Not necessarily. The requested relief (return of property) and value of the property are two different issues. If value is a necessary element to be proven in the action it will likely come in through an expert report or via expert testimony. You should confer with your lawyer about this.

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  • What is my liability

    The roots of a tree on my property is damaging my neighbors driveway.

    Richard’s Answer

    There may be a local ordinance regarding this. Typically landowners are responsible for tree roots encroaching a neighboring property. Contact a local real property or general practice lawyer. You can find him or her through Avvo's Find a Lawyer feature above.

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  • Can Notice to Admit include several items or is it normally a separate notice for each items?

    Need to ask the opposing counsel to admit that all their discovery demands were satisfied and if not what else is needed.

    Richard’s Answer

    Confirming the completion of discovery is not the purpose of a notice to admit . If that is your objective send your inquiry to opposing counsel in a letter or email. Or raise the issue in a preliminary conference before the court. A notice to admit is used to identify material facts no longer in dispute, usually but not always as a precursor to a motion for summary judgment. Get advice from your own attorney on this. Good luck.

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  • How do I post a biography?

    I am an attorney just signing up on avvo

    Richard’s Answer

    Welcome. What you do is navigate to the profile tab (above), claim your profile, and then post your bio and all the other facts about your practice.

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  • What type of lawyer handles violations of the Fair Credit Reporting Act?

    Chase violated the Fair Credit Reporting Act

    Richard’s Answer

    Some consumer debt lawyers and consumer bankruptcy lawyers handle violations of the Fair Credit Reporting Act and Fair Debt Collection Act this. Use the Find a Lawyer feature on the top of this page to research local lawyers who may be able to assist you. Many offer a free initial consultation. Good luck.

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  • Breach of agreement

    Can a breach of agreement counterclaim/claim be filed in court without the original executed agreement?

    Richard’s Answer

    In most cases, yes. But the agreement will need to be presented eventually. Have you discussed this with your lawyer?

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  • If the Stipulation is Set Aside, is the whole buyout set aside?

    A Stipulation called for a buyout and the judge agreed with a motion to compel to make me do the buyout. However, the Stipulation was fraudulent (as will be litigated in a different state).

    Richard’s Answer

    Not advisable to fight terms of stip in two different courts. Sounds like these issues have already been litigated in New York and you lost. It seems there is a New York court order in place. It is presumably valid and enforceable. Move against the order or appeal it in New York courts. But do not go to a different court in another state to relitigate it there. Big mistake. If you are represented by counsel speak with your lawyer about this immediately. If you are representing yourself, you need to hire a lawyer today. Good luck.

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  • My question is what penalty I will received and will this incident be added to my record.

    I was sent a summons/complaint complaint boro order: Section § 250-8: Dumping prohibited In wallington NJ on 5/5/16- An officer allegedly saw me throw garbage in the passaic river. He sent me to appear in court on 5/16/16. I need legal...

    Richard’s Answer

    That is not the way this forum works. Use the Find a Lawyer feature above. You will want to meet with a New Jersey trial attorney practicing in Municipal Court in greater Hackensack, Lodi, Rutherford, or Wallington, NJ. Good luck.

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