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thanks. there's no rush. whenever she gets back is okay.
Hi, Shirley, Welcome back to JustAnswer, How are you feeling after your epidural. The last time you were online and we communicated, you were lying down with an ice pack. I really hope you are feeling better and that the epidural is working,
In Answer to your question, an individual who has been awarded judgment becomes a "judgment creditor" and will "Levy" on the bank account which means that the judgment creditor will serve the bank with a Writ and the bank will have to turn over any money in the bank account in order to satisfy the judgment. If there is not enough money in the bank account to satisfy the judgment, the judgment creditor can do this any umber of times until the judgment is satisfied. However, the judgment debtor usually closes out the account as soon as he finds out the judgment creditor has levied on his bank account. But even if the judgment debtor opens an account at another bank, the judgment creditor can levy on that bank account once he finds out where the new bank account is.
So, you see, there is no reason for a judgment creditor to place a lien on a bank account, if he can satisfy his judgment in other ways. However, if he chooses to place a lien on the bank account of the judgment debtor, it will remain until the judgment is satisfied, or the judgment debtor closes the account. But, if the judgment debtor opened a new account at another bank and the judgment creditor found out about it, he could file a lien against the new bank account.
Therefore, you are much better off withdrawing the money as soon as possible and placing it somewhere where the plaintiff cannot get at it, or cannot find it,
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I am having nightmares over this case.
i will leave about $30 in our three accounts so they don't get closed in case we win. i will also tell the court during the proceedings that our joint account is only used for my husband's social security so there's a legal record of that. i think they are subject to treble damages if they take social security if they've been informed of the fact.
in putting together the tax fraud paperwork, i just saw that the seller had left the price of the boat blank on the bill of sale. i can't believe we never caught that before.
does this help me at all in questioning him? since the documents he's presenting are forged can we say that we were just paying him the full price of the boat and we were giving him the extra 8% as an inducement for waiting until he got paid off.
i am on to acupuncture for my back. the acupuncturist thinks i should be okay in a week or two and there has been some improvement. if that doesn't work i think surgery is the next option. that will take a while to figure out and have. the way i am now i'm not sure how i'll make it into the court. i'll have to rent a wheel chair and get someone to help me with it. my husband really isn't able to do it. do you think i should notify the court now and ask for a postponement or see if the acupuncture works. we weren't suppose to be allowed to get a postponement but i am pretty sure i can get a letter from my doctor about my medical condition.
I'm sorry to hear about the acupuncture, does that mean that the epidural did not work ? My husband's aunt had acupuncture to stop smoking and it worked. I am considering acupuncture for several things, but not for smoking. I never asked her if it hurts. So, please let me know if it hurts and if it works for you because I have a vested interest.
This is going to sound silly, but we never discussed what the subject of the lawsuit was. Is the Plaintiff suing you for the balance of the purchase price for the boat ? If not, how does the boat come into play ?
sorry this is going to be a long messy email.
first the epidural worked but only for a short time. about 2 weeks for each shot and you can only do three a year.
so far the acupuncure seems to be working. a week ago i couldn't walk at all without tremendous pain. now i've had three treatments and i am walking with some pain but it's tolerable. she said three more treatments and i should be okay but i am waiting to see. i'll let you know. it doesn't really hurt. it's a bunch of pin pricks and then you lie down for about a half hour. i can't say you don't feel it at all but it's no worse than sticking yourself with a pin by mistake. while you lie there the pin prick sensation disappears.
with regard to the case, my husband purchased a boat for 2.85 million from plaintiff. he was about to sign a contract to buy a different cheaper boat so the plaintiff offered him a ten percent loan with 8 percent flat interest payable in five years we think as an inducement to buy the boat. the loan was to be used for remodeling. we lost our original loan papers in the wtc and don't remember the term. the boat wasn't coast guard certifiable in new york waters and it cost us about 150k to do that work and then the plaintiff took a bunch of stuff off the boat after the walk through and replaced it with used stuff. we bought it right before 9/11 and had so many other things to deal with i don't know if we ever even told him about the stuff he stole. all we discussed is that because of 9/11 my husband would need more time to pay him and we would either keep paying him 3k a month until it was paid off or from the proceeds of the other boat we owned. citi owned the primary loan on the boat and in 2007 sold it to a hedge fund new stream capital. about 10 months later we got a buyer for our other boat that was an all cash deal that would have paid off about 60% of the balance to new stream. new stream said the sba wouldn't allow the sale and they would have to foreclose. they said it would be a friendly foreclosure and we would continue to operate the boats and they would sell to our buyer. it was all a story. it turned into a real foreclosure and my husband lost both boats. i found out later from a wall street journal reporter that they didn't allow the sale because they had so over valued the boats on their books they didn't want to mark the loan to market. new stream went bankrupt in 2011. in february this year the sec indicted the owners for fraud and they are facing up to 20 years in prison.
at the time of foreclosure we believed we owed the owner 31000. we had already paid him 176,000 and he received nearly 2.6 million at closing from citibank. we were shocked when in 2008 he sued us for about 350,000 saying we owed the balance of 10% annual interest plus all the principal. he produced a loan agreement showing this. this was definitely not the original agreement. we offered to pay him the 31k we really owed him in monthly installments to settle but he refused. he thinks we have tons of money hidden. he's an idiot. if i had money would i be doing this pro se. i think his attorney told the clerk at the pretrial hearing he'd settle for around 75k. that's when i laughed and said he was f...ing delerious. i don't want to file bankruptcy but if i lose i may have to. there is no money and if they require me to complete the paperwork showing my assets they'll see that. the most they could do is garnish my pay which isn't that much and i could delay bankruptcy until i get a little older and retire.
1. So, the Plaintiff is suing you for the balance of the purhase price on the "sea going vessel" ?
(Shirley, you will have to excuse me, but somehow, I just cannot bring myself to use the word "boat" to describe something that cost $2,850,000)
2. If so, what is the amount he is suing for ?
3. If so, was any agreement of sale, or any other documentation signed that stated the purchase price was $2,850,000 ?
4. Did you sign a Promissory Note for the balance of the purchase price ?
5. If so, what was the amount indicated on the Promissory Note ?
citi paid him 90%.
we signed a promissory for the business only for the remaining 10%. our recollection (we lost the note in the world trade center) was that it was 8% flat interest on the total repayable in three or five years.
the bill of sale has nothing on it. no purchase price and no interest indicated.
we repaid $276,000 so we think is now owed $31,000 still which is all we offered to pay over time.
he is now suing for about 350000 (he keeps upping the amount since the case hasn't been heard for so many years) and he says that the note was interest only and it was 10% and the complete loan amount is due him.
he forged a loan document showing we guaranteed the note which we absolutely didn't. it was kind of tacked on to what might have been an adaption of the real note. no separate letter of guarantee with payment terms included. when we asked for the payment terms he said he had to get them from his accountant. he didn't have them. well if he had the note he would have had the terms too. the note he presented was notarized the day before it was signed and it says it was signed offshore and it was signed in a store near the world trade center.
he was convicted of 3 counts of felony forgery and tax fraud before so this was probably easy for him to do. his wife has a design degree and she had told us before that she forged a handicap sticker for their car.
the boat was a dinner cruiser (small passenger vessel) that took 400 people around new york for weddings and corporate functions. that's why it was so expensive.
1. When you say the Note was signed "offshore", where was it signed ?
2. During discovery, did you request a copy of the Note, or any other documentation ? If so, what did he give you ?
3. What do you mean when you say,
"he forged a loan document showing we guaranteed the note which we absolutely didn't. it was kind of tacked on to what might have been an adaption of the real note."
4. Can you recall what documents you signed (other than the Note which you signed on behalf of the corp.) at the time you bought it ?
5. Is the Plaintiff aware that there is a discrepency in the Notary's date ?
6. Have you looked into finding a handwriting expert ?
7. In which State was he convicted of forgery ?
8. Was his wife convicted also ?
When you say the Note was signed "offshore", where was it signed ?
in a candy store near the world trade center. they deposed the notary who also said that.
just the forged note which says we guarantee the loan--that it wasn't just for the business.
the note looked like something we might have signed without having the original but he added on a sidebar with our signatures without having the line under them on behalf of the company.
we signed a non compete which seemed okay. nothing else as far as we remember.
yes. we pointed it out many times in our responses to the complaint.
it kind of looks like my signature. i think it was copied over to the other side of the document without the name of the company under it.
indianapolis. i have the certified court records from there.
no. he had a different wife at the time. the one he claimed took all the documents he needed to prove his expenses for which he was convicted of tax fraud that he then miraculously found. they still found him guilty of tax fraud and he paid a half million dollar penalty in addition to a half million dollars in taxes. that was for the sale of two boats before ours.
he really is a liar and a cheat. we had a wonderful judge before who agreed with me. any time i said he was a crook and his attorney objected she would sayhat t is her case isn't it and overrule him. she got reassigned to the appellate court. i don't know anything about the new judge so that's why i'm stressed out.
Hi, again, Shirley,
I read what you wrote about signing in the candy store, but that is not "offshore". "Offshore" means somewhere on the water, off shore.
Regarding your signature, I understand what you mean now, the signature portion of one document is superimposed on another document and positioned where a person would sign so that it looks like the person signed both documents. If that is the case, and I believe it is, there are recognized experts who can tell if the signature (in this case, yours) was superimposed on another document and they explain it by saying that one portion of the copy is, for example, a "second generation copy" and the portion containing your signature is a third generation copy (or, fourth generation copy) and so on, and they prove that the copy being presented actually represents bits and pieces from other documents. You asolutely need one of these experts,
Another thing to keep in mind is the "Best Evidence Rule". When a party seeks to prove the contents of a document, he must provide the original, or its absence must be satisfactorily explained. In your situation, the plaintiff is seeking to prove that you owe $X because you signed a Promissory Note. He must, therefore, produce the original Promissory Note. Do not allow him to use the excuse that his former wife took it, or some other flimsy excuse.
In Answer to your original question regarding the absence of a purchase price on the Bill of Sale and whether it will help you or not, I think it will and you should argue that he did not include the purchase price because he did not want to pay taxes on any capital gains. If there is some what to find out how much he had paid for it, say $1,200,000, that would strengthen your case because you would be showing that once again, he was attempting to evade the tax laws because he just did not want to pay any taxes on the gain.
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Hi, Shirley, Thank you for once again giving me an "Excellent Service" rating and the Bonus, I appreciate it greatly. You are very kind and most generous.
I cannot recall what those experts are called that testify as to what generation a copy is, but I believe a handwriting expert will probably know what their title is and maybe give you a few names. Then you can ask them how many times they have testified and how many times they brought success to their clients.
1. What do you have so far with respect to the fraud case you are putting together against the plaintiff ?
2. Have you decided when you are going to use it ? I recall that I thought it would be nice to hit him with it before your case so that he would be pre-occupied with that, but I don't remember if you told me when you would disclose what you had. I am sure the IRS will have a field day with him since he was already convicted of tax evasion;
3. What else are you planning to add to that package ?
i started putting it together. i have the bill of sale with no price. the loan agreement from citi with the actual sale price. the document saying the secondary loan was offshore so perhaps he did the entire sale as offshore.
haven't done more because of my back.
i'll see what i can do about the handwriting expert. unfortunately if you are good at forging today you can put together a document that is so good it would be nearly impossible to figure out if it's real or forged. that's why they keep changing our currency.
i didn't ask for the original in discovery so i've only seen the copy. i think even when i was deposed all i saw was a copy. the issue isn't whether it looks like my signature, the issue is the entire document was forged.
during discovery he kept asking for my attorney and my laptop because he was trying to imply that we did the documents. i know we didn't. my attorney specifically wouldn't because he wouldn't get involved with a secondary loan before the first was signed. i told him if he wanted to pay our attorney to testify go right ahead and subpoena him and he can then go to the world trade center landfill and see if he could find my laptop.
I know you answered this but i need some clarification. if i lose how would he be able to seize the company? put a lien on my shares or attach any earnings of the company?
i don't want my partner to have any headaches because of the mess this idiot is putting me into.
He can put a lien on your shares, or he can get a Writ of Execution and have the Sheriff sell your shares at Sheriff's sale, but since nobody usually bids on shares of such a closely held corp., he can bid on them. He cannot get at the earnings of the company because your partner is not involved in the lawsuit and there would have to be a distribution of earnings to you for him to attach your share of the earnings only.
I would suggest that if you have not already done so, DO NOT disclose the purchase price that is on the citi's loan agreement. Let him testify first.
If he says that he does not remember, then you can ask, "How can you be so sure as to what you think is owed to you, if you cannot even remember the purchase price"
If he testifies to a lower price, then corner him, first by asking what percent of the purchase price you were to pay. if he says 10%, then you can corner him on that because the numbers just will not add up.
In either case, after you question him and he puts himself in a corner, then you can show the loan agreement and prove he was lying.
If he testifies to the actual purchase price, then you make a point of calling the Internal Revenue Service that same day and report him. Normally, there is a three year Statute of Limitations for auditing a taxpayers return, except where there is fraud, and understating one's income is considered fraud by the IRS in which case the three year Statute of Limitations does not apply.
Regarding the drafting of the Note, it is customary for the seller's attorney to draft those documents, so he was climbing up the wrong tree when he was insinuating that your lawyer drafted the Note.
Do not forget to object if he attempts to admit a copy of the Promissory Note into evidence. It is highly unlikely that one who is owed that much money would lose or misplace it, or even leave it out in the open if he was having roblems with his then wife.
I want to clarify something, If he manages to admit the Promissory Note by some miracle, then your signature will come into play and if your signature on the Promissory Note was taken from another document you signed, and superimposed on the Promissory Note, you do not need a handwriting expert. You need an expert who can testify that the copy of your signature and the copy of the rest of the Promossory Note are from two different "generation" of copies. I said that a handwriting expert would know the names of such experts. Just wanted to be sure that I made myself clear.
I have a lower back problem so I know what you are going through. You can only do so much and not more. So, all you can do is your best, XXXXX XXXXX all possible contingencies and just hope for the best. Let me know if there is anything that I can do,
thanks Andrea. that makes my mind up that i'll file bankruptcy if i lose. i am pretty sure i'll get a 7. i don't think i'll be subject to the means test since almost all debt we owe is corporate debt we guaranteed, primarily $1 million to the sba plus his debt if we lose. i will reaffirm the $15k i personally owe citi our client for checking overdraft and credit cards and there's very little else i owe personally.
i think the decision on the case is a roll of the dice. i don't know much about this judge and it's a non jury trial.
bankruptcy today it isn't the stigma it once was and i'll just have to live with it. i'm just upset that i paid off so much money in the past few years so i wouldn't have to file and i may have to anyway.
the acupuncturist says i'm a lucky person since i wasn't at work on 9/11 so she thinks i should win the case. i hope so.
my back is getting better with the acupuncture. not perfect but better so i'd give it a shot if you're thinking about it. if you still live in new york, my acupunturist is ming zeng. she atXXXXX
Think positively and think how free you will feel when this burden is taken off your shoulders. I know how hard it is for you to do alone, Do you have any adult children to help you ? I wish I was in New York. When I got married, quite a while ago, I moved to Drexel Hill, PA (that's Delaware County) right outside of Philadelphia. Everybody said I would get used to it. They lied to me. It's been well over 25 years and I dislike this place a little more every day. The people are not real here. They remind me so much of the original Stepford Wives movie; they're all animated and fake as can be.
I say, put yourself in the same frame of mind as your acupuncurists, think positive thoughts and they will happen, so I'm told. You know something ? As far as I am concerned and judging from 25 years of experience, all cases are a roll of the dice. It depends on what side of the bed the judge got up on, if he likes you or not, or finds you less offensive than the other party. No matter what anybody tells you, a lot of emotions and feelings are involved, so if you can get the judge to hear something that's really not admissible, go for it. Even if opposing counsel objects and his objection is sustained, the fact remains that the judge is human and he heard what you said. Even if he tries, he will still remember what a party said and it will play on his human emotions. You should bring up all the plaintiff's convictions because this goes to the issue of his credibility - whether the judge should believe him or not. The very fact alone that he has been convicted of forgery and the fact that you are denying that you signed any of the documents, is more than enough to impeach his credibility and the judge should not believe anything he says.
Have you prepared the questions you are going to ask him ?
When is the trial date ?
i feel like i am emailing you so much we should get together for dinner. the trial is may 28. i know i am stressing way in advance. i am starting to think everyone is fake so i know how you feel. i grew up in new york. since 9/11 my husband really wants to move but it's not an option since my business is in new york.
i have a general outline of questions to ask him.
asking him to produce the bill of sale.
asking why it's blank.
asking him to produce the log book showing we were offshore.
asking if we had ever discussed changing the terms of the loans during the many meetings we had and if so what had we discussed.
i will call his wife as a witness depending on what he says.
i'll try to get in the price of the boat he recorded.
it was sold to us by a trust. my husband made out all the loan repayment checks to him personally and he never corrected us and he personally deposited them and i'll ask him why.
i'll ask him to read his conviction for forgery into the records and ask him to explain it.
i'll ask him to read his conviction for tax evasion into the records and ask him to explain it.
that's it so far.
I agree about the emails and dinner. There is no city which has restaurants like New York City. I really like French cuisine. I was fortunate enought to dine at Lutece several times before it closed its doors. In fact, I was there when Soltner was still the owner/chef. He was the person who put Lutece on the map. Have you ever been to "Yellowfinger's" ? It's across the street from Bloomingdale's on the Third Avenue side. You have not eaten Caesar Salad until you have had theirs, it's fantastic!
Regarding the questions you plan to ask -
With reference to asking him to produce certain documentation, did you request it during discovery ? If so, and he did not produce it, you should bring that up in Court;
When you come to his convictions, first ask him,
"Have you ever been convicted of a crime ?" Hopefully, he will say, "No".
The you can ask him, "Have you ever been convicted of forgery?" Hopefully, he will say, "No" to that also, then you can take out his conviction record and ask him if he recognizes that and show him his conviction record. If you can, get his criminal file, it's a matter of public record, anyway. Take a look at the documents and make copies of the charges and what documents he was accused of forging. Remember, he might have been accused of forging more documents than he was convicted and although only convictions are used to impeach credibility, it is important that the judge hear all the charges because it will stay in the judge's mind,
Every so often whether he is lying or not, say, "Mr. ______ I am sure you are aware of the penalty for perjury, aren't you ? It will throw him off his square
Then ask, "What were you convicted of forging?"
Then, ask him, "Is that a felony conviction?"
"What grade of felony is that?"
"Were you incarcerated ?"
"Were you ever convicted of tax evasion?"
"Did you have to pay one-half million dollars as a penalty ?"
"And, did you have to pay another one-half million dollars in taxes that you evaded?"
Under no circumstances should you ask him , or allow him to "explain" anything. He might find a way to soften the blow and that is exactly what you don't want. Remember the 2 things I had stated in one of my previous Answers regarding questions to ask him,
1. As questions which can only be answered with a "Yes", or "No", so that he never has the opportunity to explain anything away.
2. Never ask a question, if you do not already know the answer; if you do not know the answer, find the answer before you ask him the question
Regarding the purchase price and the blank space on the Bill of Sale -
First ask him what the purchase price was - always give him the chance to lie, Then, ask him what percent of the purchase price you were supposed to pay. I think I am repeating myself because I remember saying if he lies about amounts, then none of the numbers are going to add up and they will not make sense.
lastly, if there is a chance that you will call his wife to refute his testimony, then before you start questioning him, tell the judge that you might have to call Mrs. _____ , depending on what the plaintiff testifies to and you are, therefore, asking that Mrs. ________ be sequestered. That means that she has to leave the Court room while he testifies so that she cannot coordinate her answers with his answers. So, if he lies, his wife who will be outside the Court room will not know on which questions he lied, and by telling the truth, she will prove her husband lied under oath. Then you can ask the judge at the end to charge him with perjury.
thanks andrea. i did ask for documents during discovery but was told they didn't exist. i have the certified record of his conviction on three counts of felony forgery. i'll try to keep my questions short. i tend to talk too much. he's a blowhard who loves to show how brilliant he is. he tried to sink a boat last year. went out in the fog at 2 am and hit a sandbar. it had to be deliberate since he is almost blind. his wife said they hit a tornado. i called the coast guard and reported he was nearly blind and he lost his captain's license. i actually knew the hospital and his medical details and i gave them to them. i'm not usually vindictive but sometimes you have to be. there must be a book in this mess between crooked plaintiffs and hedge funds prosecuted by the sec. i am starting to think i must be way too trusting. i am going to review all your recommendations and put together my questions for your review. thanks for all your help. Shirley
tried to add bonus. wouldn't work from my kindle. i'll log on fronm my computer later.
You have a good idea, Shirley, Put some questions together, then let them sit for a day or two. When you go back to them, you will see them from a different perspective.
If he is a blowhard, as you say, that is all the more reason to ask questions to which there can only be a "Yes" or "No" answer,
Take care of yourself,
It's me again. i think the bonus went through from my computer. i should report to them that it won't work from a kindle tablet. anyway I just realized something about my company shares. There is an SBA disaster loan on the company which is about $400,000 and anyone who takes over the shares would have to be approved by the SBA and would then have to assume the personal guarantee for the loan. We have another company which owns a patent but it has no value presently and while we never reported it to the sba, technically we were supposed to and then it would also fall under the sba guidelines of share transfer and personal guarantee. do you think that would be enough protection so the company would have no interest for him? i doubt he'd want to assume the personal guarantee. he wouldn't receive any distribution from the company because we get paid salary for which he'd have to do work and he would have no basis in the company so he couldn't deduct any losses.
I would not worry about the patent. From a totally practical standpoint, if it is not worth anything, why disclose it. If you gave these government agencies half a chance, they would demand a first mortgage on your first born, and I can't see the SBA being any different. If they ever give you any problem, you can always argue that you disclosed all assets that had any value.
I agree that the plaintiff would have no interest in taking any part of a company where he had to personally guarantee the payment of almost half a million dollars. And, if he would have to work in order to draw a salary, that would put him at zero salary.
How are his finances ? The reason I ask is because when someone files a spurious lawsuit, it is usually becauase they need money and they are desperate. I think it would be a good idea to look into his finances. If there is any way for you to find out if he is low on funds, or doing excessive spending beyond his means. Where a plaintiff's lawsuit has no merit and no basis, the defendant should include a counterclaim, alleging that the "Plaintiff's action is arbitrary and vexatious and brought for the sole purpose of harassing the defendant", and ask for punitive damages. But, I think it would be too late to amend your answer.
Shirley, I wish you would start thinking positively. I would like you to consider calling the Internal Revenue Service, speak to someone in authority, and tell them that you bought a yacht from someone who you believe did not report any gain on the sale. I believe in using everything at my disposal against someone who is being as malicious as he is. Think of what he is doing to you by dragging you into Court, making outrageous claims and demands for money you do not owe him, and I might add, money you have already paid him. He is also taking advantage of the fact that you lost all your paperwork in 911. It would be perfectly legal, logical, and truthful for you to call the IRS. You would notbe fabricating any stories, so there is nothing malicious about it. He really needs something else to focus on so that his attention is taken away from the case, and I think battling with the IRS is exactly what he needs to divert his attention.
the irs has a fraud process you have to use which is why i haven't finished. it all has to be written with as much evidence as possible. it's pretty lengthy.
i think he's fairly wealthy. just cheap and nasty. any time we went for dinner he had to do the early bird special. we paid for the meal and he wouldn't ever valet. he owns multiple homes and he is trying to sell his last boat but i think it's because he lost his captain's license so he'd actually have to pay someone to be the captain.
Hi, Shirley, Sorry I could not get to you sooner, but I am having trouble with my landline and I have been on the 'phone forever. I can make calls but when someone tries to call they get a busy signal. Kept getting disconnected when I was going through the automated service. I decided to speak to a rep and I'm still waiting. I put it on speakersphone so I can hear them if a live person ever comes on and still have my hands free.
When I hear how cheap people with money can be, it literally turns my stomach. I grew up with very little, my mother worked in the NY garment district factories to raise me, but she never skimped on anything. She has taught me that if you're going to do something, do it right or not at all. So, if I'm going to look at menu prices, or look for early bird specials, why bother going out to dinner at all. When I see or hear of people with money acting that way, I really want to go up to them and ask, "Have you found a way to take it with you ?"
Are you using form 3949A ? If not, try using it because it's fairly short, only one page and it is pretty all-inclusive.
Then, file Form 211, "Application for Award for Original Information" to claim your reward.
Let me know if you need anything else,
Stay well and kindest regards,
thanks. i'll try that. thanks for everything. i will add a bonus in the morning. it still won't work with my kindle. hope your phone gets fixed. i think the old phones worked better. our office phones are always going out.
hope you are well. i have two questions:
i asked a bankruptcy lawyer and he said not to put any additional money in my 401k. it would look suspicious to the trustees if i file. just wanted to get a second opinion on that.
also my back is not better. i asked the neurologist if the last shot could be causing the problem and he said yes. i'm going to see him next week. the acupuncturist is sure i'll be okay to walk in another week and she may be right. i've read it can take 10-20 treatments for what i have. i just don't know so i called the judge and asked if we could postpone. this judge is pretty nice. he actually answers his own phone and talks to you. he said he'd agree to postpone if the plaintiff agrees. otherwise i should petition the court. the plaintiff did not agree of course. he said he client had already bought his tickets which i doubt since i saw his wife ask on her face book page if anyone knows how to drive to new york. i told them i'd know by the 15th if i could do the trial. my question is how do i petition the court. is a letter to the judge with a note from my doctor and my xray records enough or is there another pocess to follow. it's not just my inability to walk that's an issue. my neurologist gave me a muscle relaxant which does help somewhat but it then makes me so sleepy i doubt i could do a good job defending myself.
In Answer to your questions,
1. Regarding bankruptcy and your 401k, I tend to agree with the lawyer with whom you consulted that a Trustee in Bankruptcy would be suspicious because 401k plans are exempt assets, i.e., they cannot be touched by creditors and are not put into the "pool of assets" from which creditors can be paid. In examining your situation, if a Trustee saw that you made several contributions of large amounts to your 401k, it would appear that you were looking to put that money out of the reach of creditors.
2. With regard to a continuance, when the Judge said to Petition the Court, he meant that is what is done when the opposing party will not consent to a continuance and by "petitioning the Court" is meant that you would file a Motion to request the continuance from the Judge. Actually, you would go about it in either of two ways -
A. You can file a Motion for Continuance with an Affidavit in Support of Motion for Continuance and a Notice of Motion. It requires serving the Plaintiff with the Motion, Notice of Motion and Affidavit in Support of Motion for Continuance. Since the case has a Judge assigned to it, you would call the Judge's Chambers to ask on what days he hears Motions. Service on the opposing party must be made by one who is over the age of 18 and not a party to the action and must be served at least 8 days before the hearing date, or 13 days if served by mail (You have to add 5 days for mail service).
I have prepared the Notice of Motion and the Affiavit in Support of Motion and I am sending them as Attachments, just add one more paragraph to the Affidavit - "Defendant has (has not) made any prior requests for a continuance in the within case".
On the Notice, all you have to do is fill in the date, time and place of the hearing. On the Affidavit, I've put instructions of what to fill in. The Motion for Continuance will follow the form of the Affidavit. Caption on top, Center the title "Motion for Continuance", then, in numbered paragraphs, something like this -
1. Plaintiff is ______________
2. Defendant is _________________
3. Defendant requires a continuance because __________
4. Defendant has requested that Plaintiff consent to this continuance which request Plaintiff has refused.
You can add anything else which you feel would convince the Judge to grant the continuance. I personally think you should keep the trial date and hobble into Court so the Judge will feel sorry for you, lol. Hey, I believe in using everything you have at your disposal to tilt the scale in your favor.
If you have any questions regarding the blank spaces, let me know
B. The second way you can go about it is by an Order to Show Cause. You can get the form at the Clerk's Office. You would still have to have it served by someone over the age of 18 and not a party to the action. If you choose this method, then all you would need is the Affidavit I prepared. You would not need the Notice of Motion, so just take the Affidavit with you when you go to the Clerk's Office.
I really do hope you feel better with the acupunctrue because I am seriously considering it. Sorry I could not get to you sooner, but I had several things I had to attend to, I still have some things I have to do because tomorrow is the Greek Easter
thanks andrea. i am going to try to go to court if i can. right now i don't know but i'm giving it more time. i think i am so angry that i might be forced to file bankruptcy because of this crook that we were always nice to that it's making me worse. we even got him in to see an eye specialist when he was losing his vision. definitely in the no good deed goes unpunished category.
happy easter. we're staying home. midnight mass was more than i could handle. maybe we'll go to avra for dinner tomorrow.
i'll do the rating from my computer tomorrow.
forgot to mention that the acupuncture may work. after my Wednesday session i got up to answer the door and i was pain free. it came back after sleeping. she,thinks i should change mattresses and sleep on my back.
You are definitely right about "No good deed goes unpunished". I have experienced that first hand many, many times and I am too stubborn to admit it.
Thank you for the update on acupuncture, I mean that because other than my husband's aunt, God rest her soul, I don't know anyone who has tried it.
Please let me know if you got the attachment because it doesn't get sent with the rest of the message,
The attachment didn't download. I even tried to copy it to another browser. my regular email is [email protected]. maybe i can download it directly from there.
i am going to see if i can get a wheelchair and someone to help me with it so i can go to the trial. i lost my balance yesterday and almost fell so i am worse today. i am going to the neurologist to make sure i didn't have another mini stroke. that's all i need but with the stress i have i guess it's possible. other than the balance i feel fine.
I doubt you're looking at this today. But Happy Easter. I am Jewish but my husband is Greek Orthodox so we generally celebrate his holidays since i'm not very religious.
Hi, Shirley, Every day, I believe more and more that there are no coincidences in life - of all the Experts in the Legal Categories here at JA and out of all the thousands of questions coming in to JA, to have your questions Answered by me is no coincidence. Fate works in mysterious ways. Your email address was x'd out by JA to protect your privacy because this is a public forum, I think that their computers are programmed to detect the 'at' sign in emails and automatically x's them out, and also because we are not permitted to communicate with customers except through this forum.If you write your address again and write out the word 'at' instead of using the 'at' sign, it might come through, so try it that way, like this-abc at gmail or yahoo or whatever.. I'm sorry that you could not download the documents I had prepared,there must be another bug in the system for that to happen. Thank you for your generous Bonuses, I appreciate it greatly. By the way, what is your last name ?
we must be the only two working at this hour. my cousin suggested getting a walker wheelchair combo. i think i will. my address is my first name initial with my last name dreifus at either aol or scgnyc both are dot coms.
i want to get this over. i am going to call the bankruptcy attorney and retain him in case i lose so i can speak with him under retainer and best protect my business assets. i read there's a wildcard exemption that should protect my distributions which weren't much but i'll them to pay him, my medical bills and the new bed.
Shirley, why aren't you in bed resting your back, that's what I want to know.
I would hold off paying any bankruptcy attorney yet. Call and ask for a consultation, attorneys often give free consultations. You can tell him what your situation is, what your concerns are and ask his opinion on what your options are.I will try what you said and if it goes through, you can reply. If it does not go through, simply reply here and say 'no, I don't feel better',' without any details If you go through the Association of the Bar of the City of New York Lawyer Referral Service, a one-half hour consultation would probably be about $30-$50. That is approximately the going rate for consultations when you go through any Lawyer Referral Service. I wish you would think positively.
he has already spent a fair amount of time with me so i feel like i should at least offer to pay something. i hate it when someone who is planning an event spends hours asking for advice and then says they have no budget.
i am trying to be positive but i hate the plaintiff so much because we never sued him when we had real cause. my husband is so upset i don't know what he will say during the trial. he doesn't even want to talk about it.
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