To be effective, the discovery document request needs to be tailored to the particular facts of the case. It should neither be cookie cutter nor over broad. Finally, the discovery document request should carefully follow the discovery rules, including those in NY CPLR 3120. It is difficult to say whether you can make the requests objection proof. You would certainly reduce your chances for objections if you meet in person and engage an experienced NY litigation lawyer to help you. Good luck.See question
I'm on total disability and have bills piling up. I'm catching up on loans from the credit union but my medical bills are still behind and am getting late charges. Does filing bankruptcy hurt my standings at the credit union and what happens to c...
You should see a NY bankruptcy lawyer in confidence regarding your questions. Be prepared to discuss the particulars of your income and cash flow, your assets, and your total liabilities. Bankruptcy relief contemplates a total solution so don't expect to cherry pick those debts you wish to exclude because you may receive a future benefit. An experience consumer bankruptcy attorney can tell you if you qualify or even need to file at all. If you are totally disabled and all of your assets are exempt, you may not nee to file. Either way, get professional advice because filing should be a last resort and is not a one-size-fits-all solution. Good luck.See question
Hello, I have much medical debt and some credit card debt. Over 100K. I was laid off a few months ago and am collecting unemployment. My wife works and her credit is fine. Only I want to file. I was wondering when to do it. I thought there was a 6...
I can't agree more with Mr. Mahony. Arrange a meeting in a confidential office setting with an experienced New York bankruptcy lawyer right away. Be prepared to discuss your assets, liabilities, household income (your wife's income will matter) and cash flow. Many of the attorneys here on Avvo offer an initial free consultation. Good luck.See question
HI, I read an article on debt/org that a Bankruptcy attorney posted... if you list your home as an unsecured asset, you can force the lender to object and then they will have to prove standing and capacity in court. Is this accurate? Thanks
Risky move. You can dispute the debt and challenge the security agreement in your schedules if you wish, but this will not result in getting you relieved of the mortgage lien. You'll need to separately challenge the lender's security interest for cause on notice at a hearing before the bankruptcy court. The issue will then need to be determined by the bankruptcy judge. I strongly recommend you not take this action with the guidance of experience bankruptcy counsel. Good luck.See question
1. I signed a personal guarantee for an equipment lease for a company in which I am a 50% owner. 2. I was out on maternity leave when the company defaulted on the payment. 3. The next thing I know I got served papers for a judgement against th...
Meet with a business litigator in a confidential office setting to explore whether you may be able to move against the default judgment for possible lack of service and meritorious defenses.See question
Bank won't provide modification keeps playing games unethical last resort to keep home file bankruptcy don't have a lot of debt just mortgage can file myself then seek legal counsel after filing to save money
You owe it to yourself to at least get a free consultation with one of the many experienced bankruptcy lawyers in Central New Jersey here on Avvo. You may then conclude it might be foolish to file for bankruptcy relief without professional help. The truth is that lawyers unfamiliar with bankruptcy typically recommend that their own clients engage the services of experienced consumer bankruptcy counsel. Be prepared to discuss with the attorney in confidence your assets, liabilities, income and cash flow. Good luck.See question
I now want to end the suit, ie dismiss or discontinue it. What do I need to file? Is it called a notice of dismissal, notice of discontinuance or something else? The other party has not been served yet.
Stipulation of Discontinuance is what you want. The pro se clerk should be able to help you. Are you exchanging releases with the defendant? You may want to discuss this move with an attorney in confidence.See question
If a plaintiff sued for a million bucks and the other party agreed to pay the full million bucks, can the plaintiff say "No, I will not take your settlement now, I want to embarrass you in court and in public first before I win the million dollars...
It depends on the terms of the proposed settlement. But all things being equal it sounds like a trial would be a waste of money and judicial resources and would not be permitted. Speak to a trial lawyer in confidence regarding the particulars of the claims and compromise terms.See question
In New Jersey, if I file a motion to vacate a default judgment for improper service of the complaint, and it is granted, do I have to answer the complaint, or would it be dismissed and the plaintiff would have to serve the complaint from the begin...
It depends on the court's finding with respect to alleged improper service. If there is no statute of limitations issue you will need to answer eventually. Indeed, New Jersey courts require a showing of excusable neglect AND meritorious defense in order to vacate most default judgments. Consult with an experienced NJ attorney about your next steps in a confidential office setting. Good luck.See question
What happens if I don't respond to the information subpoena
A warrant could be issued for your arrest. As Mr. Boyer advises, do not ignore this information subpoena. A judgment has already been issued against you. Take these papers and meet in person with an experienced New Jersey bankrupotcy lawyer to understand your options. Good luck.See question