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Business Law Recent Legal Answers from Lawyers

Business Law Recent Legal Answers from Lawyers
If I were you, I would start by creating an LLC, obtaining an EIN number and opening a seperate bank account for the business.  You should also make sure you have an agent of service and if you do this only as dba, make sure you get registered with the town you are in.  My office handles all these matters for many small business owners.  Please feel free to contact us for further assistance.... Read More
If I were you, I would start by creating an LLC, obtaining an EIN number and opening a seperate bank account for the business.  You should also... Read More

Can a non notarized contract be contested?

Answered 22 days ago by attorney Bruce Robins   |   1 Answer   |  Legal Mostics: Business Lawyer
Most contracts don't have to be in writing, let alone notarized, to be enforceable.  Of course, that doesn't mean that you can't challeng the agreement.  Non-compete agreements between employer and employee are scrutinized closely by the Courts and, depending on numerous factors (particular job, particular industry, length of restriction, geographical scope of restriction, employer's investment into developing goodwill, into training employee, etc. etc.) may not be enforced.... Read More
Most contracts don't have to be in writing, let alone notarized, to be enforceable.  Of course, that doesn't mean that you can't challeng the... Read More
If a judgement has been entered against YOU (which would mean that you are not being sued, but have already lost the suit), then your assets, including any interest in any other business, can be used to satisfy the judgment.  Thus if a judgment was entered based on your personal guaqranty, your assets can be used to satisfy that judgment, regardless of how the underlying obligation came about.  If the judgment has only been entered against the business and the business is an independent legal entity, such as a corporation or llc, then the judgment would only entitle the creditor to seek paymetn from the business entity, not you personally (except to the extent that monies may have been transferred out of the debtor business entity without fair consideration, which is a whole other topic).  If the business was not a separate legal entity, but was just a sole proprietorship, you are personally responsible for the debts of the business and, again, all of your assets (save those few that may be exempt, which varies depending on your state) can be used to satisfy that debt.... Read More
If a judgement has been entered against YOU (which would mean that you are not being sued, but have already lost the suit), then your assets,... Read More
It sounds as if you are the only owner oif each business. The manner in which you structure your businesses will affect your exposure to liability and could affect your taxes as well. More facts are needed. you should consult a business lawyer.
It sounds as if you are the only owner oif each business. The manner in which you structure your businesses will affect your exposure to liability... Read More
It is very doubtful that the park would be responsible to pay these fees as part of the attorneys' representation - even if the retainer agreement provided that the park was responsible for the attorneys' own fees in a separate action independent of the rent increase litigation, which is very unlikely, such provision is unlikely to be enforceable in Court.  Of course, this doesn't mean that the attorneys won't try to bill for them.  Also, if the accusations are unfounded, it is possible that the attorneys could recover their expenses as damages in a lawsuit they bring for wrongful prosecution or some similar tort (e.g. abuse of process). ... Read More
It is very doubtful that the park would be responsible to pay these fees as part of the attorneys' representation - even if the retainer agreement... Read More
File a small claims lawsuit.
File a small claims lawsuit.

Can you have one llc for two DBAs?

Answered a month ago by attorney Bruce Robins   |   1 Answer   |  Legal Mostics: Business Lawyer
You can have more than one dba for an llc, but in your case I would not recommend it.  LLC's are separate legal entities; dba's are just trade names, not separate entities.  In other words, if you have 2 llc's and operate them correctly, they will each be independent entities and not responsible for each other's obligations.  No matter how many dba's you use, however, if they are all used by the same llc, that llc is reponsible for all of its obligations, regardless of which name was used in incurring the obligation.  It is one entity for tax purposes as well.... Read More
You can have more than one dba for an llc, but in your case I would not recommend it.  LLC's are separate legal entities; dba's are just trade... Read More
I'm not sure whether you propose to form another llc that you and your husband would own, or to have the first llc own the second llc.  In either case, the two llcs COULD share equipment, but it may not be a good idea unless the owning entity charged the using entity market rate rent for the use.  The advantage (apart from your insurance issue) of having separate entities is that neither will generally be liable for the other's obligations, nor would you and your husband be personally liable for the obligations of the llc's.  If, however, you don't treat the llc's as independent entities, but rather as one and the same, you run the risk of a claimant "piercing the corporate veil" of the entities to hold one liable for the obligations of the other, and even to make your husband and you personally liable for the obligations of the entities.... Read More
I'm not sure whether you propose to form another llc that you and your husband would own, or to have the first llc own the second llc.  In... Read More
You would sue for your damages, which may or may not be the amount you paid.  For example, if it cost you $10,000 to have someone else complete the work, you would sue to recover those damages, even though you only paid this iperson $6,300.  If your contract provides that, in the event of a dispute, the losing party willl pay the prevailing party's attorneys' fees in connection with the dispute, you would sue for that as well.  However, New York law (assuming that NY law governs this transaction, which I can't tell from the facts given) does not allow punitive damges for breach of contract except in truly egregious cases, which you don't have.  I doubt that Washington law is different.  Moreover, I don't believe that small claims courts in NY have the power to award punitive damages (I don't know about Washington).... Read More
You would sue for your damages, which may or may not be the amount you paid.  For example, if it cost you $10,000 to have someone else complete... Read More
Absent a contract limiting your right to fire her, you can terminate her employment at any time for any reason other than those prohibited by statute, i.e. based on race, religion, etc.  If you're asking about unemployment insurance considerations, I am not familiar with California's unemployment insurance laws, but I would be surprised if denigrating your business was not cause for termination. However, there are issues with paying someone as an independent contractor (1099) when they should have been classified as an employee (W2), because employers are required to withhold various taxes from employee's paychecks.  If you did not withhold  taxes because this person was classified as an independent contractor, it cculd lead to serious issues with taxing authorities.  I would advise you to consult a California attorney about this.... Read More
Absent a contract limiting your right to fire her, you can terminate her employment at any time for any reason other than those prohibited by... Read More

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