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Richard E Weltman
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Richard Weltman’s Answers

1,104 total


  • Discovery issue

    I didn't mail "discovery" questionaire I prepared for the adversirial party until the final day the court ordered discovery to be completed by. If the other party refuses to respond to the questionaire due to receiving it late, can the case procee...

    Richard’s Answer

    You'll want to schedule a preliminary conference with the assigned judge asap or you may lose your right to pre-trial discovery. There are many reasons to do this: (1) avoid surprise at trial, (2) gain settlement leverage, (3) freeze the other parties' story and legal position, and much more. But discovery objectives are factual in nature, based on experience. Get yourself some solid legal counsel from an experienced New York trial lawyer. before it's too late.

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  • A defendant answers a Complaint which included his Bill of Particulars. Next step: the plaintiff must respond. Correct?

    I'm expecting to be served any day so I am trying to prepare as much as possible to avoid surprises.

    Richard’s Answer

    You must answer of course but it's how you will respond that matters. Meet with an experienced trial lawyer and get the help you will need. This forum cannot be a substitute for solid experience and knowledge of the court's expectations and rules.

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  • In a chapter 11 case. Can the Judge force the lender to reduce accelerated interest rates?

    My home and business are in the same building and my predatory lender lied to the Judge and said that he is offering me a modification. The offer was for me to pay almost 800K in 5 years at 6.5 %. I can't afford this. I am in arrears about half th...

    Richard’s Answer

    You have counsel so get your own bankruptcy lawyer actively involved. Many factors can affect the outcome such as the current market conditions and value of the property. Replacement or debtor in possession financing may be your best bet, but your questions cannot br adequately answered in this public forum without knowing the full picture. Good luck.

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  • I just filed bankruptcy, chapter 7...will my credit union account be affected? I do not have any loans or credit cards with the

    will filing bankruptcy affect my credit union account. ?

    Richard’s Answer

    Your chapter 7 filing, without more, should not affect your membership status. If in doubt, call customer service or visit the credit union's home office and speak to your account manager. Good luck.

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  • I was served papers for a summons and formal complaint.

    My elderly mom was served papers by Forster & Garbus for Barcleys Bank! She is unsure as to what she charged that equals 7000.00 and change. Need advice! Appreciate any help. Thank you Lisa Gordon

    Richard’s Answer

    Hire a lawyer for your mother asap and file a formal answer to preserve her rights. In the meantime, she should obtain a comprehensive credit bureau report to help her identify the questioned charge. Perhaps attorney's fees, interest and l;ate charges have been added. In any case, she needs to understand the particulars so a proper opposition or dispute can be mounted. Good luck.

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  • If I file an order to show cause to stay the court's order regarding a discovery issue, does the judge have to execute the OSC

    and provide the dates for the side to answer the OSC and schedule a hearing? Or can the court deny the OSC without even conducting a hearing and making the other party answer the OSC?

    Richard’s Answer

    The Superior Court judge has full and complete discretion to grant the order to show cause, condition the requested relief, or entirely withhold her or his consent.

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  • If I file bankruptcy will all assets have to be listed, for example I have a car payment, but I need my car.

    I am recently a 39 year old widow. There is no life insurance. He has individual debt as do I , we have a mortgage that I am unable to pay monthly. I do work, but my salary is not enough to meet the mortgage and monthy expenses.

    Richard’s Answer

    In a chapter 7 bankruptcy you may be able to retain your car. List all assets including the car. If you reaffirm the debt and continue paying the monthly payment and it does not create hardship the court may permit you to keep the car. Meet with a NJ bankruptcy attorney in a confidential office setting to discuss your cash flow, assets ans liabilities including your home. A chapter 13 wage earner plan might be possible. Good luck.

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  • Letters from Ex's Lawyer

    I recently received a couple of letters from my ex's lawyer. The letters are on my ex's lawyer's letter head but the letters are signed by my ex's secretary. That is, the signature reads the ex's lawyer's name but following the signature is my e...

    Richard’s Answer

    If a lawyer prepares a letter but then is not present to sign the original, the letter may be signed by a secretary or assistant in the lawyer's name with permission. With the initials included it is likely the letter was signed with permission. It is somewhat like the attorney giving his/her support personnel a power of attorney.

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  • What is it I'm supposed to do at this point?

    My wife was served papers from her aunt. Long story short years ago her aunt cosigned student loans for college. She said she would help her pay for them. They at one point fell out of contact and her aunt stopped coming around the rest of the fam...

    Richard’s Answer

    Meet with an experienced debtor-creditor lawyer who understands student loans in a confidential office setting. Your wife will need to answer the summons and complaint or a judgment by default will likely be entered against her. Good luck in getting this sorted out with your wife's aunt.

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  • Judgment from New York, living in Florida

    I received a notice from my bank the other day, stating that a collection agency has subpoena/summons my account, and if I do not provide them with a court order telling them not to, they will be producing the agency with my information on the 4th...

    Richard’s Answer

    You can move to vacate the judgment through a New York litigation attorney.. What needs to be shown is both excusable neglect and a meritorious defense to the action. You probably will need to bring this on by order to show cause because of the tight deadline. . It is possible that the cost The cost of engaging an attorney may exceed to judgment amount. If you search online you will find an interactive motion to assist pro se litigants to vacate a default judgment. Search for this on the website of New York State courts. Good luck.

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