Archived
What were our legal options after going up the chain of command; i.e., superintendant and county superintendant? (public school)
Theodore's answer
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Answered on May 27, 2010
Education law is very complicated so you may want to speak to a specialist in that area in New Jersey. Having said that unless there were...
Does a subpoena have to be signed by a court clerk prior to being served?
Theodore's answer
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Answered on May 27, 2010
Attorneys are officers of the court and can sign a subpeona. Subpeona's are "legal" but sometimes they ask for things to which you can object. ...
Archived
In a recent hearing, probation was revoked and defendant was sentence to a year in jail how would one motion for rehearing?
Theodore's answer
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Answered on May 27, 2010
The original charge is not relevant. You probably cannot relitigate that issue.
You can either bring a motion to the current Judge to...
Archived
If I own a commercial property that is under water, and I stop making payments, how long can I collect rent?
Theodore's answer
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Answered on May 27, 2010
You can collect the rent until the foreclosure saale is held. If the creditor notices the tennants to pay theem instead of you under the...
Archived
If I have 2 judgements against me how does the 10% garnishment calculation work?
Theodore's answer
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Answered on May 27, 2010
The 10% is a guesstimate in New York because there is a floor of income below which the creditor can collecct nothing. It is up to your employer...
Archived
Ex husband never paid monies due after divorce finalized. he just passed away, can I still collect? final in 1992
Theodore's answer
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Answered on May 27, 2010
An order of support is not barred from the statute of limitations. Don't view it as a breach of a contract, however, depending on the amount and...
Archived
What kind of wage debt can be non-dischargeable in a personal bankruptcy?
Theodore's answer
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Answered on May 27, 2010
941 taxes. Withholding. Social Security and medicare/medicaid.
Archived
How can I resolve a joint credit card that he maxed?
Theodore's answer
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Answered on May 27, 2010
Tough situation. When you pplied for the card you became joint debtors. The amount that you are seeking makes it difficult to hire a lawyer. You...
Archived
What is the next step for the Landlord (owner) to take when a defendant files for bankruptcy
Theodore's answer
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Answered on May 27, 2010
You must bring a motion to vacate the automatic stay. This is the law (section 362 of the code) that stops all collection activity or lawsuits. ...
Archived
Wage garnishment
Theodore's answer
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Answered on May 27, 2010
Yes, if they have a judgment. They are not enfocing the judgment because you are making payments but they can execute the judgment at any time.
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