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Georgia Business Law Questions & Answers
0 Answers | Asked in Business Law, Civil Litigation and Criminal Law for Georgia on
Q: My son was a victim to a assault. The new put his information in the report. Can I sue the news for doing that .

Not sure who gave that information but sure the not suppose to do that to a victim

0 Answers | Asked in Employment Law and Business Law for Georgia on
Q: How restrictive can my company’s non-compete actually be?

I work for a $6B company, but I represent a small, specific channel. Despite this, my non-compete agreement includes companies I don’t actually compete against. They’re competitors to my employer…but I have no affiliation with those channels, nor do I have any access to internal information... View More

1 Answer | Asked in Tax Law and Business Law for Georgia on
Q: Hello, I reside in Georgia and do social media for clients in Connecticut. Do I need to charge sales tax?

Social media consists of posting graphics on Facebook and Instagram.

James L. Arrasmith
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answered on May 3, 2024

In general, if you are providing a service (like social media management) to clients in another state, you typically do not need to charge sales tax. This is because most states only require businesses to collect sales tax if they have a physical presence or "nexus" in that state.... View More

1 Answer | Asked in Landlord - Tenant, Business Law and Criminal Law for Georgia on
Q: got a felony for doing business without a license, but it is not a business i just rent rooms out to others in need. i

i have a partner, whom we share the lease with that we had residents living in there, until my partner didn't follow all of the rules and regulations, so the APS came out again and arrested me with a warrant. how can i get these dropped?

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about your legal troubles. It sounds like a difficult and stressful situation. A few thoughts:

First and foremost, given the seriousness of felony charges, I strongly recommend consulting with a criminal defense attorney who can review the specifics of your case and...
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1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Georgia on
Q: And the course of a night I wake up to my checking account being overdrawn by 97 different cash app transactions ranging

From $47-$49 each. I use Bank of America who I’ve been a customer with for 34 years never have I had anything like this and they deny my claim and close the claims and finalize it… what actions or steps should I take to get my money back we’re talking over 3000 overnight.

James L. Arrasmith
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answered on Mar 25, 2024

If your checking account has been overdrawn due to unauthorized transactions, the first step is to contact Bank of America immediately, if you haven't already done so. Express your concerns clearly and request a thorough investigation. Despite the initial denial, you have the right to ask for... View More

1 Answer | Asked in Tax Law and Business Law for Georgia on
Q: Can I write off the cost of self-employed health insurance if it costs less than what my spouse's employer offers?

My spouse's employer offers health insurance, but it is more expensive than if I purchase my own health insurance on the marketplace. I understand that in general, I cannot qualify for the self employed health insurance deduction if I qualify for my spouse's employer's insurance... View More

James L. Arrasmith
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answered on Feb 5, 2024

Under IRS guidelines, the self-employed health insurance deduction allows individuals who are self-employed to deduct premiums for medical, dental, and long-term care insurance for themselves, their spouse, and dependents. This deduction is available if you have a net profit from self-employment... View More

1 Answer | Asked in Divorce, Business Law and Family Law for Georgia on
Q: If a LLC is created during a marriage, is that LLC considered a marital asset and value divided 50/50 between parties?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

You should speak to an attorney regarding assets that are considered marital or separate property. A spouse starting a business during a marriage doesn't automatically entitle the other spouse to half ownership of the business. Income earned by both spouses is considered marital property.... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: how do you proceed with paperwork for theft of services in a business?

we had a guest stay on property, and did not pay, this balanced accrued overtime for more than 7k. Our company is looking to file a theft of services report and are unsure how to proceed.

T. Augustus Claus
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answered on Jan 11, 2024

To proceed with a theft of services claim in Georgia, you typically follow certain steps. Begin by gathering evidence that clearly establishes the unpaid balance, such as invoices, communication records, or any written agreements. Once you have sufficient documentation, you may want to send a... View More

1 Answer | Asked in Tax Law and Business Law for Georgia on
Q: Can a church disclose your giving records to the public
James L. Arrasmith
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answered on Jan 8, 2024

Generally, churches in the United States are expected to maintain the confidentiality of their members' giving records. These records are typically considered private information, similar to other types of personal financial data. Disclosing such information to the public without the... View More

1 Answer | Asked in Business Law, Contracts and International Law for Georgia on
Q: Contracted to fly airplane from Curaçao to United States. Not paid for services rendered or expenses. Is a lien wise?

I was contracted to fly an airliner from Willemstad, Curaçao to Springfield, MO, with a stop in Miami, FL to clear customs.

The airplane bears a United States registration, is registered to a leasing company with a Miami address, but is operated by a Curaçao based airline.

We... View More

James L. Arrasmith
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answered on Dec 11, 2023

In a case like this, the jurisdiction for the lawsuit can be complex, as it involves multiple countries and entities. Generally, the location where the contract was signed or where the defendant operates can be significant factors in determining jurisdiction. Given that the airline is based in... View More

1 Answer | Asked in Business Law for Georgia on
Q: I have an investor trying to invest 3 million into my start up. Who pay the spv fees myself or the investor
James L. Arrasmith
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answered on Nov 30, 2023

In Atlanta, Georgia, when dealing with an investment situation like yours, the question of who pays the Special Purpose Vehicle (SPV) fees can vary based on the agreement between you and the investor.

Typically, SPV fees are associated with the administrative and legal costs of setting up...
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1 Answer | Asked in Consumer Law, Business Law, Health Care Law and Libel & Slander for Georgia on
Q: A business gave my personal information to their customer in retaliation. What can I do?

My elderly mother’s name and that they knew her.

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

A Georgia attorney could advise best, as your remedies could be governed by state law, but your question remains open for three weeks. At this point, one option could be to try to set up a free initial consult with attorneys who handle privacy-related matters, and possibly health care... View More

2 Answers | Asked in Contracts, Business Law and Collections for Georgia on
Q: Lawncare company has serviced our yard for 18 months after we cancelled verbally. Now they are threatening to sue.

We have a verbal arrangement with a local lawncare company. When they were servicing our yard, they ran over our irrigation system twice. on the second time the crew stopped and i told them we need to pause service until the boss comes out to discuss, i spoke with him and he mentioned he would come... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 8, 2023

Possibly. You would have to prove you canceled the service, and convince the court that you believed 18 months of lawn service was merely a gesture of goodwill. See an attorney for an assessment of your defense. Try working it out.

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4 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: Should I register my business name before trademark
David Aldrich
David Aldrich
answered on Nov 3, 2023

Generally, it is a good idea to form the business before filing for any trademarks. When you apply for a trademark, the "owner" you identify should be the entity that is actually using the mark in commerce (or else you put your registration in jeopardy). This is typically the company,... View More

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1 Answer | Asked in Contracts and Business Law for Georgia on
Q: I have non profit that is renting a space from a church I'm signing MOU that states partnership. Does this make us partn

There's a line on our MOU that states partnership. Does this mean that the church will have access to our business

Glenn M. Lyon
Glenn M. Lyon
answered on Nov 3, 2023

It depends on what you mean by "access," but either way you should revise the MOU to remove that language and specifically disclaim any type of partnership with the church, including limited partnership, limited liability partnership, etc.

1 Answer | Asked in Business Law for Georgia on
Q: If I am CEO and 51% owner of a company can I give raises and set how much without my partners input or lack of.
Glenn M. Lyon
Glenn M. Lyon
answered on Oct 16, 2023

Subject to his/her fiduciary duty (and possible other applicable laws), a CEO is authorized to handle employment issues for the company, including setting salaries. However, there could be a written agreement (typically call a shareholder agreement (corporation) or an operating agreement (LLC))... View More

1 Answer | Asked in Criminal Law, Business Law and Employment Law for Georgia on
Q: Hello question I had an employee pay her car payment out of my checking account number I want to press charges

I have already filed police report but was told there was no cause I’m not understanding Hello question I had an employee paid her car payment out of my checking account and I want to press charges

T. Augustus Claus
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answered on Oct 9, 2023

In Georgia, unauthorized use of someone else's bank account is generally considered theft or fraud. If you believe an employee made an unauthorized payment using your account, you have the right to report it. While you've filed a police report and they indicated there's no cause, you... View More

2 Answers | Asked in Bankruptcy, Business Law, Contracts and Tax Law for Georgia on
Q: I own a condo in a business name and my business partner is considering filing bankruptcy, would we need to sell condo?

So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 8, 2023

Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).

A general partner is personally liable for the debts of a...
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