Matt Bryant’s Answers

Matt Bryant

Garden City Insurance Law Lawyer.

Contributor Level 13
  1. Can I fight a Georgia default judgment in federal court in my current state or do I need to file in a Ga federal court?

    Answered 2 months ago.

    1. Matt Bryant
    2. Richard E Weltman
    3. Eric Edward Rothstein
    4. Russell Warren Dombrow
    4 lawyer answers

    Sounds like it will be difficult but perhaps not without hope if you made a limited appearance in the GA courts to contest jurisdiction after default. However, if you appeared in the GA courts after accepting service of process in the original claim, or otherwise granted the court personal jurisdiction, your fight is likely over. Now that you live in New York, if the judgment holder wants to enforce it here, they will have to entered it here in NY and serve you with notice. Under NY law, you...

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  2. Can an instant motion of a bank contested by the Defendant in countermotion be re-opened or amended for new evidence

    Answered 22 days ago.

    1. Matt Bryant
    2. Eric Edward Rothstein
    3. Alexander Marriott Fear
    3 lawyer answers

    An intriguing question and likely one with no right answer. I would recommend finding a local attorney who is willing to counsel you for a reduced fee or as a favor (they do exist!). (Also look for law school litigation clinics and professors who may want to take a stab at helping real litigants.) That said, there is no specific or mandatory procedural vehicle that cures your dilemma: how to add newly discovered evidence to a pending motion. An important caveat: new evidence requires a...

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  3. I have paid Sallie Mae for 10 years and still owe $22,000 + on college loans. Can I somehow pay off for 40 to 60% of total?

    Answered over 4 years ago.

    1. Matt Bryant
    2. Brad Howell
    2 lawyer answers

    The short answer is no. While Suz Ormond is correct, she is not talking about student loans. "Student Loans" are a unique class of debt -- trust me, I have plenty -- and they are not only statutorily immune from discharge but guaranteed by the federal government. I invite all specialists to chime in, but the only instance I can find where relief is provided to student loan debtors is when a debtor is able to prove that the "debt" doesn't qualify as a loan, which means no money changes hands....

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  4. Can i garnish wages from someone who is a speech therapist in his wn pactice?he is being sued and will lose

    Answered 25 days ago.

    1. Matt Bryant
    2. Dorothy G Bunce
    3. Amos Weinberg
    3 lawyer answers

    Already planning ahead, I see? For some reason I feel compelled to caution you not to count your chickens before they hatch. That said, your recovery depends on whom you have sued and the identity of the ultimate judgment debtor(s). This is why attorneys conduct due diligence reviews of potential defendants prior to suing them: we need to make sure they have assets to pay us later. Direct Answer: If you sued the individual and have a judgment against him, you may garnish wages like any...

    3 lawyers agreed with this answer

  5. How does debt go away after statue of limatations?

    Answered over 4 years ago.

    1. Matt Bryant
    2. Theodore Lyons Araujo
    3. Mark Hankins
    4 lawyer answers

    This is a difficult situation. As stated, either NY or CA may apply but i think the dispositive factor is where you "used" the cards. Under NY law, a credit card company must prove actual use by itemization. If the itemization shows that the use occured in CA that is a very strong argument that CA law should apply. (Also, if you have your credit card agreement, that could designate which state law applies.) If you get sued, you can use the statute of limitations to either defend or potentially...

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  6. If an Order & Judgment is not submitted to confirm the decision of a Judge, what is the status of that decision?

    Answered almost 5 years ago.

    1. Matt Bryant
    1 lawyer answer

    Well, you may have a serious issue. It depends on what court though. For instance, in state court if the judge directs a party to settle judgment, that party has 60 days under court rules to do so. Failure to submit within 60 days is abandonment unless the failing party can show good cause. Feel free to contact me to discuss your options in a free consultation. if you are working with another attorney alread, be sure to reference 22 NYCRR 202.48 for the abandonment rule.

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  7. An instrumental of a song I owe lyrics publishing to was taken and used on a commercially available release. What can I do?

    Answered almost 5 years ago.

    1. Matt Bryant
    2. Gordon Philip Firemark
    3. Mario Sergio Golab
    3 lawyer answers

    Do you own the copyright to the song or the copyright to lyrics. They are not necessarily the same thing, for example, if you wrote the lyrics for someone else or sold the lyrics. Assuming you own a valid copyright on the song itself, and assuming the instrumental version is not actually a derivative work or your work, you should start with a cease and desist letter and a demand for royalty payments depending on who, when, and how the infringment occured. Call my office for a free...

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  8. Do I sue online distributor where I ordered, or manufacturer? What court civil or supreme?

    Answered 25 days ago.

    1. Matt Bryant
    2. Natia Daviti
    3. Renata Weissman
    3 lawyer answers

    Your question is not clear. As I understand it, you ordered an item online, received a different item than the one you wanted, and the distributor will not correct the mistake. Based on that fact pattern, you claim appears to go against the distributor, not the manufacturer. It is a simple breach of contract claim. You determine which court to sue in by the amount at stake and what you are seeking. Civil Court has jurisdiction for all claims up to $25,000; it also has a small claims part...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can a supreme court ruling (2010 New Hampshire) be used to dismiss or help my case (New York)?

    Answered almost 4 years ago.

    1. Matt Bryant
    2. George Peter Conway
    3. Keith G Langer
    3 lawyer answers

    The short answer is that the New Hampshire opinion may help but it is not binding in New York. NY's statute defines larceny in a manner that includes the "intent" to deprive another property. Accordingly, the New York Court of Appeals has ruled that a shoplifter need not exit the store to satisfy the "taking" aspect of the crime. (That opinion, People v. Olivio, is attached below.) You in fact may be able to come up with a valid defense but you need to work with a criminal defense attorney...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can I register an LLC while receiving unemployment Insurance?

    Answered almost 5 years ago.

    1. Matt Bryant
    2. Ellen A. Victor
    3 lawyer answers

    Ms Victor raises a good point so I took a look at the case law. While there is no case that, at least none that I can find, that says merely incorporating disqualifies an individual, cases do come close. Claimants have been denied where they incorporate, and prepare business cards, stationary, and attend gatherings or solicit business for their new venture. The issue is not whether you are receiving income, but whether you stand to benefit from the start-up's existence. I would suggest...

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