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2 Answers | Asked in Real Estate Law, Contracts and Business Law for Florida on
Q: After a mortgage holder has died, what happens to the mortgage? Thank you.

If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 14, 2024

The mortgage stays with the property and the estate is responsible for it as part of probate, you to be sure should make a claim in the probate for what you are owed (statement of claim). In general, the estate will pay it, or the beneficiaries take it over and continue to pay it. Because this is a... View More

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1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Government Contracts for California on
Q: I need of a lawyer to do a billing dispute for a tenant / residential who has a judgment order.

This was a previous eviction in 2020. The tenant was ordered not to pay anyone any money including attorney fees. The plaintiffs' attorney did not clear the debt, and the collections department of the law firm is sending a collection notice to the tenant trying to collect a debt that is not... View More

James L. Arrasmith
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answered on Sep 13, 2024

It sounds like you're facing a complex legal issue involving a billing dispute following a residential eviction judgment. Given the situation where the judgment specifically stated that no money, including attorney fees, was owed, it is concerning that the collections department is still... View More

1 Answer | Asked in Business Law for California on
Q: I put down my name as Tom on my driver's license. My business is under Thomas is that a problem legally

I am having trouble with QuickBooks trying to access my account. They are saying that my driver's license says Tom and my business it says Thomas that I cannot be verified to get into my account

James L. Arrasmith
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answered on Sep 13, 2024

It sounds like the issue is more about matching the name exactly with your records. QuickBooks may be unable to verify your identity because the name on your driver's license, "Tom," doesn't exactly match "Thomas" on your business account. Even though "Tom"... View More

0 Answers | Asked in Business Formation, Business Law, Environmental and Gaming for New Jersey on
Q: VISIT TECH CYBER FORCE RECOVERY FOR CRYPTO FUND RECLAIM EXPERTS

it was a profound relief and a significant weight lifted off our shoulders. The team’s expertise and swift action were instrumental in helping us recover from what seemed like an insurmountable loss. The experience has been both a cautionary tale and a testimony to the importance of being... View More

0 Answers | Asked in Agricultural Law and Business Law for Virginia on
Q: According to federal law, is a CDL license needed when transporting livestock for profit (transporting for someone else)

- if the trailer/vehicle are below the weight rating requirements?

-if traveling out of state?

-only doing it sometimes?

-doing it full time?

0 Answers | Asked in Business Formation and Business Law for Kansas on
Q: Small business in Missouri question regarding changing/ updating information with the state.

I got married and need to update my name, need to update the address from a PO Box to my home address, and change the Registered Agent to myself. I assume Amendment of Articles of Organization is the first form but theres no spot just to change my last name. Is there a form for address change? I... View More

1 Answer | Asked in Business Law, Contracts and Mergers & Acquisitions for California on
Q: What might the royalty rate be for selling an instructional course that is already a full-fledged business?

My dad passed away and he was the author of this course offered to pest control companies for their operators to renew their licenses. he was in business for 30+ years. A company wants to take ownership of the course and pay us royalties. What might that percentage and/or structure look like?

James L. Arrasmith
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answered on Sep 12, 2024

When negotiating a royalty rate for selling an instructional course that is already a full-fledged business, several factors will come into play. Typically, royalty rates for educational content can range from 5% to 20% of gross or net sales, depending on the value of the content, the exclusivity... View More

0 Answers | Asked in Business Formation and Business Law for Washington on
Q: Do I have to have a business license to name a building I own where other businesses rent space?

I have a mental health private practice and plan to move into my new building. The space will also house other professionals so I would like to name the building that encompasses the services provided at the location. This name would be different than my current practice. I am curious if there are... View More

0 Answers | Asked in Business Law for Virginia on
Q: is it legal for a restaurant to add an administration fee to a bill without indicating the charge prior to the meal?

When we received the bill at the end of our meal there was a 3% administration fee tacked on. There was no indication or posting that this fee would be added to the bill anywhere in the restaurant or on the menu. No one mentioned it when we ordered our food. We suggested we would pay with cash and... View More

1 Answer | Asked in Business Law and Contracts for California on
Q: If I am a minor member/owner in a LLC can I sign legally binding contracts.

contracts refer to Purchase Agreement and Assignment Contract

James L. Arrasmith
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answered on Sep 11, 2024

As a minor member or owner in an LLC in California, you generally do not have the legal capacity to sign binding contracts. Contracts signed by minors are typically considered voidable, meaning they can be canceled by the minor at any time before they turn 18 or shortly after reaching adulthood.... View More

1 Answer | Asked in Bankruptcy, Banking and Business Law for California on
Q: When does corporate bankruptcy for a single member LLC risk personal bankruptcy or liability for the owner/member?

-California-based Delaware-LLC with an operating agreement.

-Income owed is not being paid, not sure what the delay is.

-Payment plan with B of A was created, but owner can no longer sustain payments without its customer remitting payment

-Unclear as to how creditor (i.e.... View More

James L. Arrasmith
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answered on Sep 11, 2024

When a single-member LLC faces bankruptcy, the owner’s personal liability typically remains protected under the "corporate veil," meaning personal assets are shielded from business debts. However, this protection can be compromised, or "pierced," if certain conditions are met.... View More

0 Answers | Asked in Consumer Law, Contracts and Business Law for New Mexico on
Q: Can we sue McDonald's and the general manager?

I filled out a survey for McDonald's and didn't rate my store well, they did deserve it. The manager knows it was me from the specific order placed, and banned myself, as well as my boyfriend as dashers from picking up orders. If there was an incident when picking up an order, then we... View More

0 Answers | Asked in Banking, Business Formation, Business Law and Family Law for Kentucky on
Q: If I was hospitalized after finding out I was left a lot of money and homes businesses and stuff and Treasurywhodoicall

I changed my name and don't know who my lawyer was and they changed my name to a name of my son and grandson and I have identity and bank id chips and need to know we're to get it read by scanner to retrieve my info

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Copyright for Tennessee on
Q: If Apple, rakuten, Barnes and Noble are selling my ebooks without my permission even after cease and assist what do I do

I found my ebooks on multiple different platforms Apple to rakuten to Barnes& Noble a few other places. They were selling my ebooks without my permission not having a contract with them. I send him a cease and assist and I am the intellectual property owner and the copyright owner and I have a... View More

James L. Arrasmith
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answered on Sep 11, 2024

If your ebooks are being sold without permission by platforms like Apple, Rakuten, and Barnes & Noble, and your cease and desist requests have been ignored, you have several steps you can take to protect your rights. Since you already have a federal copyright registration, you are in a strong... View More

2 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Florida on
Q: Can I create a magazine with the name Pulse
Giselle Ayala Mateus
Giselle Ayala Mateus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

Creating a magazine with the name "Pulse" may involve potential trademark issues, as the name is quite common and could already be in use by other entities in various industries. Trademark law is designed to protect brand names and logos that are used to identify goods and services. If... View More

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1 Answer | Asked in Employment Law, Products Liability and Business Law for Oregon on
Q: How much trouble can a non government business get in trouble for paying a 13 year old under the table

They also lie about products being new and sealed

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

Paying a 13-year-old under the table involves several legal and ethical issues, primarily centered around labor laws, tax evasion, and child labor regulations:

In the U.S., the Fair Labor Standards Act (FLSA) sets strict guidelines on when, for how long, and under what conditions minors can...
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1 Answer | Asked in Business Law, Communications Law and Intellectual Property for California on
Q: uncle maliciously threw out my computers, my lifes hard work was in them. Can I sue for damages and get help w retrieval

He was suppose to hold my things which were in the garage , while i looked for a storage unit and dealt with some business and things. I was assured nothing from the garage was being thrown out. When i went to pack up stuff my computers were gone , sent to the recycling center 7 weeks ago. All my... View More

James L. Arrasmith
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answered on Sep 11, 2024

You may have grounds to sue for damages based on the concept of negligence or conversion, which involves someone taking or disposing of your property without permission. Since your uncle was supposed to hold onto your belongings and you relied on that agreement, his actions might be considered a... View More

1 Answer | Asked in Business Law for Texas on
Q: Hi, I own a CELLAIRIS franchise in Texas, Can I file a lawsuit against company for forcing me to buy products?

company is forcing me to buy products regardless of no sale, no choices available, and high cost.

John Michael Frick
John Michael Frick
answered on Sep 10, 2024

Unless you have entered into a contract that requires you to buy its products, just don't buy them.

1 Answer | Asked in Business Law, Civil Litigation and Intellectual Property for California on
Q: uncle maliciously threw out my computers, my lifes hard work was in them. Can I sue for damages and get help w retrieval

He was suppose to hold my things which were in the garage , while i looked for a storage unit and dealt with some business and things. I was assured nothing from the garage was being thrown out. When i went to pack up stuff my computers were gone , sent to the recycling center 7 weeks ago. All my... View More

James L. Arrasmith
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answered on Sep 10, 2024

You have grounds to take legal action against your uncle for the loss of your computers and the valuable work they contained. Since he was entrusted to hold your belongings and had agreed not to throw them away, his actions could be considered a breach of a verbal agreement and potentially even... View More

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