Archived
I received an attorney email for copyright infringment and to pay $2500 to settle. Is it cheaper to just pay to settle?
Michael's answer
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Answered on August 23, 2011
It is a scare tactic. I have handled these for my clients. The burden of proof for the copyright owner is huge. You need to respond.
Archived
Can a customer sue a small buisness owner without a bill of sale?
Michael's answer
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Answered on August 23, 2011
The court clerk can tell you if there is a judgment. I might be able to do so. If on default you can likely have the judgment vacated but you...
Archived
Can past judgments be discharged after Chapter 7 bankruptcy is granted?
Michael's answer
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Answered on August 04, 2011
Absolutely. That is the point of bankruptcy.
Archived
US International transfer
Michael's answer
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Answered on August 03, 2011
There are many problems that could arise. I am not concerned about currency laws. I am cocerned about frauidulent transfers and related issues.
Archived
Ambiguous business policy
Michael's answer
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Answered on August 03, 2011
Your case will be governed by your agreement. I am fairly certain you are required to do a NASD arbitration. Thus, you cannot just sue. This is...
Archived
I am being sued specifically for breach of contract in small claims court but my name appears nowhere on the contract.
Michael's answer
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Answered on August 03, 2011
You could have liability. It depends upon your agreement. However, what you are asserting here is merely a defense. You are going to have to...
Archived
In business, is it possible for all parties of a contract to breach it simultaneously?
Michael's answer
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Answered on July 31, 2011
You are implicating the doctrine of rescission. You have given few facts, but in general, if a party breaches a material term of a contract the...
Archived
How can I get the foreclosure date removed. I have been working to get a remodification on my home for 2 1/2 years with BOA .
Michael's answer
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Answered on July 31, 2011
I like Mr. Kim's answer. The other important point is that in NY state court, arbitration is mandatory. Thus, court is not bad. The court can...
I just recieved a Stipulation of Discontinuing Action Without Prejudice......
Michael's answer
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Answered on July 31, 2011
It is not typical in new York practice to have dismissals with prejudice. I would take what you were given. No one can be forced to dismiss with...
Archived
I have a judgement against me from 1997. Canthey seize my compensation from crime victims fund or court ordered restitution?
Michael's answer
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Answered on July 29, 2011
The funds can be siezed, but it is very hard to do. If yiur award is large enough you should consider asset and estate planning.