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1 Answer | Asked in Contracts, Business Law and Collections for North Carolina on
Q: I would like to know if a lien enforcement company can come to a personal residence to remove property.

I have a UCC lien and lien enforcement called and threatened to come to my residence. There was a limited personal guarantee that states they would be allowed in terms of a default to review the assets. The company has been making this threat every two months or so but it is now weekly. They left a... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 28, 2023

It's difficult to address this in an online forum. Many facts are missing. It smells like scam to me. "UCC Liens and Enforcement" is supposedly the name of the collector? Have they sent you anything in writing at all? If not, another red flag of scam, including the threatening phone... Read more »

1 Answer | Asked in Business Law on
Q: If I have a Anonymous LLC from the state of New Mexico, but I'm going to do business in the state of Texas,

Do I need to inform Texas and what is the way that I do that.

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

You need to file a Certificate of Authority with the Texas Secretary of State to do business in Texas.

In Texas, you will be required to disclose the members and managers of your LLC.

Q: I found evidence that my granddad is the 1st patent holder ,inventer of the tubless tire ..what do i do to file law suit
John Michael Frick
John Michael Frick
answered on Jan 28, 2023

I infer from your question that you want to sue manufacturers of tubeless tires claiming that you rightfully inherited your grandfather’s patent.

If so, you should consult a patent litigation attorney regarding your rights in this regard. Such an attorney may also go by the rubric...
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1 Answer | Asked in Business Law and Civil Litigation for Texas on
Q: I am planning on purchasing assets of a spa that is being sued for a massage therapist not having a valid license.

The MT was accused of inappropriately touching a customer. The MT, the LLC, and owner are all being sued due to the accusations and not having a valid license while working (it had expired but he put in the paperwork for a new license prior to this happening, it just wasn’t approved yet.) Can me,... Read more »

John Michael Frick
John Michael Frick
answered on Jan 26, 2023

If your asset purchase is handled properly, you as the buyer will have no liability from the lawsuit as described.

Obviously, anyone purchasing a business will have an attorney knowledgeable about such transactions preparing and reviewing the paperwork associated with the purchase....
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1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Business Law for New York on
Q: Tightly held family owned company in New York State.Hostile to minority shareholders.Criminal liability for actions?

Only 2 officers held 90% of shares.

Refused documents, Lied about stock agreements, used position to force actions of clear coersion.

Hid wills. Refused stock buyouts, zero dividend for 20+ years.

Used corporate financial capacity and derived income to buy real estate to... Read more »

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Jan 25, 2023

Greetings. You appear to want to know if you can forward your dispute to the police, district attorney, or some other law enforcement agency. Any citizen may forward their conflicts to a law enforcement agency; however, such agencies often will not involve themselves in matters they deem personal... Read more »

1 Answer | Asked in Business Law and Libel & Slander for California on
Q: Husbands step mother who we haven’t spoke to in 10 years is contacting his business partner to tell lies about him.

Is there anything we can do?

She has no involvement in the business and has reached out directly to his partner to speak lies on him. They have been in business together for nearly 2 yrs now.

Adam Stoddard
Adam Stoddard
answered on Jan 25, 2023

You could contact the mother in law and request that she stop calling your husband's business partner. If that does not work, you could hire an attorney to send a cease and desist letter. It sounds like there could be grounds for a defamation lawsuit based on slander.

1 Answer | Asked in Business Law for Illinois on
Q: company name being used in another state by another company

my company name in Illinois is also the name of a company in another state. any recourse?

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Jan 25, 2023

The issue is the infringement of a trade name. Is your name registered with the USPTO? or anywhere? Is their name registered? If not, you need to get registered, if possible. There are some issues. However, there are some claims for rights that are common law. You may need a legal consultation.... Read more »

1 Answer | Asked in Animal / Dog Law and Business Law for New York on
Q: Is a contract legal in New York if the seller didn’t sign the contract only the buyer signed

Dog purchase

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2023

The business litigation attorneys here could offer the best analysis, but you await a response for two weeks. The short answer is that a contract signed by only one person could be enforceable. Some contracts could be in the form of a one-sided purchase agreement. If there's a significant... Read more »

1 Answer | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: If my LLC doesn't have an operating agreement and a member decides to leave do they owe the company for any debt?

A member has decided, of their own will, to leave the LLC. The LLC is in debt and doesn't have an operating agreement. Does the withdrawing member owe any money to the LLC as buying themselves out?

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

Depends on the debt. Are they personally obligated? Is the business just in debt? Or does it have a positive fair market value? Typically, without an operating agreement, when a member quits the LLC pays fair market under TCA 48-249-505. But there are other considerations as well. Consult counsel... Read more »

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: I want to change the name of the organizer in my business
Glenn M. Lyon
Glenn M. Lyon
answered on Jan 23, 2023

You cannot retroactively change the name of the organizer once the entity is filed with the secretary of state. However, keep in mind that "organizer" does not mean that person is actually an owner of the company. It is simply the person or entity that files the articles.

1 Answer | Asked in Business Law and Landlord - Tenant for Illinois on
Q: Is it legal for my business landlord to ask for financials 3 years into a lease?

Lease and rent are current and up to date.

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Jan 23, 2023

This seemingly is a landlord-tenant issue. However, as a practical matter for business, if you have already signed a lease and been in it for 3 years, this appears to be out of their right to request.

However, I can see it making sense in two scenarios: if you have fallen behind and there...
Read more »

2 Answers | Asked in Business Law and Contracts for New York on
Q: Can I demand the full payment for unique items from the customer after they canceled the order?

I had a call with a customer to get him ten unusual trees for $10,000 which normally takes two month. The customer said he would give me extra $3,000 if I could get them for him one month earlier. I ordered five trees at $500 each with $1,000 express shipping. He then cancelled the order. I ordered... Read more »

Jack Mevorach
Jack Mevorach
answered on Jan 22, 2023

Is the agreement in writing?

Jack

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2 Answers | Asked in Business Law and Contracts for New York on
Q: Can I demand the full payment for unique items from the customer after they canceled the order?

I had a call with a customer to get him ten unusual trees for $10,000 which normally takes two month. The customer said he would give me extra $3,000 if I could get them for him one month earlier. I ordered five trees at $500 each with $1,000 express shipping. He then cancelled the order. I ordered... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 23, 2023

Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.

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1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Do I get to keep my *prospective* business

I wanted to start a business back in 2019. I went through the process of choosing the perfect name, narrowing down my niche, choosing products, etc.

While going through that, I had a "business savvy" boyfriend. He wanted to be a part of it, and quickly started trying to take... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 22, 2023

Your question should be analyzed as whether property rights, or rights with respect to competition law, have arisen. Is there a copyright, whether or not registered? A potential claim for unfair competition? An outright theft of information? I cannot tell.

3 Answers | Asked in Contracts and Business Law for New York on
Q: Can the seller sue the customer for cancelling a large order?

Frank had an oral agreement with Sam to sell 200 orange trees ($60 each) and then sent a signed note stating "I confirm your order of 200 orange trees ($60 each). 5 days later, Sam tried to call Frank cancel the order, but only reached Ben, Frank's employee who was just fired. Ben... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, if Frank and Sam are 'merchants' (business people), a set of certain rules will apply and dictate the analysis under the Uniform Commercial Code. This situation needs to be explored... Read more »

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2 Answers | Asked in Consumer Law, Small Claims and Business Law for New York on
Q: Can I sue a customer for not paying me full amount (oral agreement)?

I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... Read more »

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2 Answers | Asked in Consumer Law, Business Law and Copyright for New York on
Q: If the customer saw the mistake and remained silent until the process is completed, am I still liable?

A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... Read more »

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3 Answers | Asked in Contracts, Personal Injury and Business Law for California on
Q: Do I have any claims against the business even it states in a signed form that it is not liable for the injury?

As I walking on the treadmill, I tried to tell a girl who used it wrongly and dangerously. The girl did not hear me as she put on the headphones. I did not notice the warning light. A few minutes later, I was panicked and stopped the machine which was wrong. I should have slowed down the machine... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 22, 2023

make an appt with a local PI lawyer who can review your contract.

they can't just say they do not have liability.............

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3 Answers | Asked in Contracts, Personal Injury and Business Law for California on
Q: Do I have any claims against the business even it states in a signed form that it is not liable for the injury?

As I walking on the treadmill, I tried to tell a girl who used it wrongly and dangerously. The girl did not hear me as she put on the headphones. I did not notice the warning light. A few minutes later, I was panicked and stopped the machine which was wrong. I should have slowed down the machine... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jan 23, 2023

I agree with Mr. Gribow. Consult a personal injury attorney who will review the contract you signed with the gym. If their machine was defective they cannot just tell you they're not liable. You usually cannot waive liability for their negligence or for a defective product.

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3 Answers | Asked in Contracts and Business Law for New Jersey on
Q: Agreement with client to pay for service provided in 30 days. Payment not yet received.

Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.

There is written agreement between both parties. Agreement states that it will govern and... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 22, 2023

This is not something that can be answered without a document review. That is also the same reason a price for what it will cost cannot be provided. However, this will probably exceed the time and work that most attorneys will offer in a free consultation. So you should expect to pay for about an... Read more »

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