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Business Law Questions & Answers
1 Answer | Asked in Consumer Law, Banking and Business Law for New York on
Q: How do I remove a delinquent/ charged off business credit card from my credit file for good?

My last payment on the credit card was 4/2020. I never made another payment because they closed my account. They recently updated it to a charge off on my credit report around 09/2023. Since this is a business credit card, how can I dispute it to be removed from my personal credit report for good?

James L. Arrasmith
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answered on Mar 20, 2024

First, check whether the business credit card was indeed under a personal guarantee. If it was, the delinquency could rightfully appear on your personal credit report. However, if the card was strictly under the business's name without any personal guarantee, you might have grounds to dispute... View More

1 Answer | Asked in Business Law, Real Estate Law and Contracts for Ohio on
Q: I need to get out of a commercial lease
Joseph Jaap
Joseph Jaap
answered on Mar 20, 2024

Talk to the landlord to negotiate an early termination, although landlord is under no obligation to do so. Landlord might ask for a payment. If landlord is in default of the lease, then use the Find a Lawyer tab to retain a local real estate attorney to review the lease and the situation, and... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: Hello, Is my sister entitled to all money from a failed joint business venture?

My sister started a business w/her sister but couple months later got upset because it became overwhelming for her, requested to be released from the business, &wants all her money bk.

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. It could depend on the terms of the business venture (agreements between the parties) and their conduct. This is a fact-intensive matter. There is no universal cookie-cutter answer. An attorney would need to see how... View More

1 Answer | Asked in Consumer Law, Contracts and Business Law on
Q: Stripe Holding My Funds $32,970

I had payment from my client using stripe client paid and after 6-7 days stripe told me that they can't give more services as my business is high risk and put my all money on hold and refund some amount to my clients without my consent I am looking for resolution legally to release my money

James L. Arrasmith
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answered on Mar 19, 2024

In cases where Stripe has held your funds due to your business being categorized as high risk, it's important to first thoroughly review the terms of service you agreed to when setting up your account. Often, payment processors include clauses that allow them to hold funds under certain... View More

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Texas on
Q: I just got served in a civil action lawsuit against a company I'm an independent contractor for, and have no ownership

The Civil Action Lawsuite is against Fresh Central Trading LLC., it names its President and Owner A.G., and also then names me. When I read the documents it states that I'm an owner and officer of the company and I'm just an independent contractor from Canada who is here on a TN Visa... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2024

If you are named as a party in the lawsuit, you have less than three weeks from when you were served to hire an attorney to file an answer on your behalf to the lawsuit. (In Texas state court, your answer must be filed no later than the first Monday following the expiration of twenty days from the... View More

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1 Answer | Asked in Business Law for California on
Q: can an American resident be sued by shareholders of a foreign corporation in which he is a board member?
James L. Arrasmith
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answered on Mar 18, 2024

In California, the legal framework does recognize the ability of shareholders to bring lawsuits against board members of a corporation, including foreign corporations, under certain circumstances. If you, as an American resident and a member of the board, are involved in activities that lead to... View More

1 Answer | Asked in Contracts, Business Law and Estate Planning for Colorado on
Q: I inherited McDonald's I know for a fact I'm on the last owners will that I get all the money and company. Can you help

I'm the owner of McDonald's and the will was never brought to any ones attention that I Mitchell Jensen or Mitchell Rio own and did inherit all of McDonald's. I picked up the bank account as soon as I started owning McDonald's

James L. Arrasmith
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answered on Mar 18, 2024

If you believe you have inherited ownership of McDonald's through a will, it is essential to first verify the authenticity and legal standing of the document. You should consult with an attorney experienced in estate law and corporate ownership structures to assess the will's validity and... View More

1 Answer | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Florida on
Q: I'm starting a online viral Aromatherapy service and would like to know if a business trust is possible to setup.

I would also like to know if a phase that is the business name should be trademark

James L. Arrasmith
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answered on Mar 15, 2024

Starting an online aromatherapy service is an exciting venture. Regarding your question about setting up a business trust, it's indeed possible. A business trust can manage the business's assets and operations, but the specifics can vary widely based on your location and business needs.... View More

1 Answer | Asked in Consumer Law, Business Formation, Business Law, Intellectual Property and Trademark for Virginia on
Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More

James L. Arrasmith
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answered on Mar 15, 2024

If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More

2 Answers | Asked in Employment Law, Tax Law, Business Law and Social Security for Maryland on
Q: My current employer sent my form 1095C to a another employee with the same first name and exposed my SS#, can I sue?

They exposed my SS# and other private info. What recourse do I have?

James L. Arrasmith
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answered on Mar 14, 2024

Discovering that your employer accidentally sent your Form 1095-C, containing sensitive information like your Social Security Number, to another employee is understandably alarming and frustrating. Such incidents can lead to concerns about privacy and the potential for identity theft. In terms of... View More

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2 Answers | Asked in Employment Law, Tax Law, Business Law and Social Security for Maryland on
Q: My current employer sent my form 1095C to a another employee with the same first name and exposed my SS#, can I sue?

They exposed my SS# and other private info. What recourse do I have?

Mark Oakley
Mark Oakley
answered on Mar 15, 2024

Perhaps there is a federal or state governmental agency that has regulatory authority to impose a fine or other sanction for failing to safeguard employees’ personally identifiable information. You would need to consult an employment lawyer in your area as to the existence of such a legal... View More

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1 Answer | Asked in Business Law for Oklahoma on
Q: Is it legal in Oklahoma for a venue to allow cheating at a trivia contest if there is a financial gain to the winner.
James L. Arrasmith
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answered on Mar 14, 2024

In Oklahoma, the legality of allowing cheating in a trivia contest, especially when there is a financial gain involved for the winner, hinges on several factors including fraud, fairness in competition, and specific state regulations regarding contests and gambling. If a venue knowingly allows... View More

1 Answer | Asked in Business Law, Collections and Construction Law for Texas on
Q: Is a Texas City entity required to act as surety for sub-contractors on projects under $50,000 with no Bond in place?

City of Princeton, TX awarded a contract for $49,720 (no bond required) to their vendor. The vendor hired my company to do the whole wireless project for $45,500. We completed the project and provided all the hardware. The city paid the vendor, the vendor has refused to pay us. The city claims they... View More

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

No, a city is not required to act as surety for subcontractors. You have a valid cause of action for breach of contract against the person or entity you contracted with.

There are numerous things that could be in that subcontract to protect you from that person being paid by the City and...
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1 Answer | Asked in Estate Planning, Tax Law, Business Law and Securities Law for Arizona on
Q: LLC for brokerage trading account and investment account?

I am a day trader with a 475 mark-to-market election, and I have a brokerage account where I am actively trading. I also have an investment account, in which I do not trade and a separate IRA account.

My husband runs a small company as a sole proprietor. Since his business carries a high... View More

James L. Arrasmith
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answered on Mar 14, 2024

Creating an LLC and transferring your brokerage accounts into it can provide an additional layer of asset protection, as it separates your personal assets from your husband's business liabilities. However, there are several factors to consider:

1. Charging order protection: Arizona...
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1 Answer | Asked in Business Law, Internet Law, Copyright and Intellectual Property for California on
Q: Chinese company wants to use my registered business name and internet search words- whether I allow or not

I have been receiving letters from Chinese registry asking if they may use my company's registered name for their client, just with other than .com extension. I have answered that I only keep the xxxxx.com name, which has been registered after my company since 2002, only with other than .com... View More

James L. Arrasmith
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answered on Mar 13, 2024

You have certain rights to protect your registered business name and intellectual property. Here are some options you can consider:

1. Trademark protection: If you have registered your business name as a trademark with the United States Patent and Trademark Office (USPTO), you have legal...
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2 Answers | Asked in Business Law, Civil Litigation and Constitutional Law for Florida on
Q: If I authorize someone to conceal carry on private property, am I legally responsible if someone is injured or killed?

Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 12, 2024

They would be responsible, as always, to conduct themselves in a reasonable manner. Unless you have cause to suspect that your safety team members are likely to do otherwise, you would not be liable. It would be a good idea to see that they have taken a firearms safety course and to make sure the... View More

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2 Answers | Asked in Business Law, Civil Litigation and Constitutional Law for Florida on
Q: If I authorize someone to conceal carry on private property, am I legally responsible if someone is injured or killed?

Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?

James L. Arrasmith
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answered on Mar 14, 2024

In most cases, if you authorize someone to carry a concealed weapon on your private property and they discharge their firearm causing injury or death, the individual who discharged the firearm would be primarily responsible for their actions. However, there are circumstances where the property... View More

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1 Answer | Asked in Business Law and Gov & Administrative Law for California on
Q: It is legal to sell my personal wine and whisky collection in my own liquor in California with a valid liquor license?
James L. Arrasmith
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answered on Mar 11, 2024

In California, it is generally not legal to sell your personal wine and whisky collection in your own liquor store, even if you have a valid liquor license. This is because of several factors:

1. Personal collection: Your personal alcohol collection is considered private property and not...
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1 Answer | Asked in Business Law and Civil Rights for California on
Q: what personal info is allowed to be given out about an ex employee. not trying to hire them.

Business is being harassed by an ex boyfriend who wants info about 2 former employees and why they were let go. Assuming there are privacy protections for personal info and looking to find the law about it.

James L. Arrasmith
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answered on Mar 11, 2024

In California, there are several laws that protect the privacy of current and former employees. Employers are generally prohibited from disclosing certain personal information about their employees to third parties, including ex-partners. The most relevant laws in this context are:

1....
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1 Answer | Asked in Business Law, Civil Litigation, Immigration Law and International Law for Nebraska on
Q: I have a business registered in America, is there a way I could bring my girlfriend through that?

Trying to bring a foreigner through a registered American business

James L. Arrasmith
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answered on Mar 11, 2024

If you have a business registered in the United States, you may be able to sponsor your girlfriend for a work visa, depending on the nature of your business and her qualifications. Here are a few potential options:

1. H-1B visa: If your girlfriend has a bachelor's degree or equivalent...
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