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Texas Business Law Questions & Answers
2 Answers | Asked in Business Law for Texas on
Q: How long can it be since an act that we can still file a lawsuit against a bank?

Years ago our bank took money from our account to pay a Dish Network service that we never signed up for.

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

To the extent that the bank actions breached its account agreement with you, four years. If the bank's act was not a breach of contract. most likely a two-year statute of limitations applies. There are certain legal doctrines which can delay or toll the running of a statute of limitations... View More

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1 Answer | Asked in Contracts and Business Law for Texas on
Q: Provided call center services for 24+ months; client now refuses to pay invoices. Can we take legal action to recover $?

Provided call center services to client for 24 months. Now they refuses to pay three invoices totaling $19,181.83. Per our contract, a $200 weekly late fee per invoice has accrued, bringing the current amount owed to $41,581.83. Client also failed to honor a three-month cancellation notice, costing... View More

John Michael Frick
John Michael Frick
answered on Nov 13, 2024

First, seeing a contract alone does not necessarily mean that the other party agreed to its terms. If I receive and read your contract, I will be aware of its terms, but that does not mean that I agreed to them. The lack of a signature indicating assent to the terms is going to be a problem. It... View More

0 Answers | Asked in Business Law for Texas on
Q: Does the FTC cooling of period law apply to discounted travel sites like Aloha Hawaii Tours and Travel?

I signed for this and the contract I signed said the sales were final but I ready about the FTC cooling off period and would that trump what their form says.

0 Answers | Asked in Business Law and Real Estate Law for Texas on
Q: Hello! I am a romanian person who is looking to start a business in wholesaling american properties.

The only problem is that i don’t know if it is legal, and if it is, how it works. I know I have to get and ITIN but i don’t know how, and I also have some questions about how paying taxes work.

0 Answers | Asked in Business Law for Texas on
Q: Should an LLC use a membership interest purchase agreement for investors or another document?

This is a music production company with some potential investors. Trying to figure out what document to use to give up a 51% share in the company in exchange for $ and future profits. Is a membership interest purchase agreement superior to a private placement or subscription agreement?

1 Answer | Asked in Business Law for Texas on
Q: In Texas as an individual can i create a non profit , llc, sole proprietor or what .

I would like to start a community outreach program to help people in Texas with basic needs like food, clothing, water, etc the law is so confusing in Texas. Your help to understand this matter is greatly appreciated. Should my business be a non profit, llc, sole proprietor, or what as I am an... View More

John Michael Frick
John Michael Frick
answered on Oct 25, 2024

A non-profit corporation is required to have at least three individuals as its governing authority.

Texas does not explicitly recognize "non-profit LLCs" but you can form an LLC with a non-profit purpose whose sole member is a non-profit corporation.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Texas on
Q: How can I open a company with workforce being in another country.

Hello, I need some legal advice. My friend has a company in Pakistan, and I'm interested in opening a similar company here in the US as an LLC . The workforce would be based in Pakistan and my friend will be handling that.

I'd like to know the best way to go about setting this up,... View More

James L. Arrasmith
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answered on Oct 16, 2024

Starting an LLC in the US with a workforce in Pakistan involves several key steps. First, decide whether to form your LLC in North Carolina or Texas by comparing their specific filing requirements and fees. Once you’ve chosen the state, file the necessary formation documents with the state’s... View More

1 Answer | Asked in Business Law for Texas on
Q: We have registered a S Corp. but haven't signed byLaws , form 2553, and Certificate of Secretary. Our we a legit company

We are a start up and have registered a S Corp. but haven't signed byLaws, form 2553, and also our Secretary hasn't signed the Certificate of Secretary. However, we have the IRS EIN#. Now we got to a point that we want ask our CEO who is also one of the co-fonder(20%share) to leave the... View More

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

Your question is ambiguous. The filing of Form 2553 is what registers a corporation as an S corporation. Until Form 2553 is filed, the entity is a C corporation. There is a time limit to file the Form 2553 to elect to be an S corporation.

The Board usually can elect another CEO....
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1 Answer | Asked in Business Law for Texas on
Q: If an expert witness has not been paid and the case is active (patent litigation), can he ask the judge for assistance?
John Michael Frick
John Michael Frick
answered on Sep 26, 2024

If he is a court-appointed expert, he can file a motion to tax his fees as costs.

If he was hired by one of the litigants, he can quit and then sue the party who hired him to collect unpaid fees in a separate lawsuit.

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 Formation and Business Law for Texas on
Q: How can I find a registered agent for a small restaurant Hoodadak in Houston Texas? Also they filed bancrupcy.
John Michael Frick
John Michael Frick
answered on Aug 26, 2024

The Office of the Secretary of State of Texas maintains the records for registered agents of business entities in Texas.

Its website is: https://www.sos.state.tx.us/corp/sosda/index.shtml

You will need to set up an account using a credit or debit card to cover the search fee.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Tax Law for Texas on
Q: What are the legal options I can take against a previous auto dealership that provided in-house financing?

In Sept 2019, I hit a deer. By Nov 2019, an auto claims adjuster came to the house, assessed the damage, and considered it to be a total loss. After the company received the amount to pay off the majority of the loan, which was to be $4995, the dealer's gap insurance that is required at the... View More

James L. Arrasmith
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answered on Aug 15, 2024

You have several legal options to consider in this situation. First, you may want to dispute the 1099-C with the IRS, as it seems the debt was already paid off, and the filing may have been incorrect. If the dealership's gap insurance was supposed to cover the remaining balance, and they did... View More

1 Answer | Asked in Business Law and Collections for Texas on
Q: I'm being sued by Discover credit card after going through debt consolidation. do I need lawyer ?

Is debt consolidation legal? I have never missed a payment to debt consolidation. I have multiple sclerosis and am so sick most of the time, Im frustrated and scared to death . any helpful information on what to do would be so very appreciated. I didnt know debt consolidation could land me in this... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 7, 2024

The debt consolidation companies are not always clear on what they can or cannot due. The creditor must agree to the payment plan or the compromised payment. Without it they can sue. Find defenses to the defense and negotiate a settlement. If you still have many other debts, bankruptcy might be... View More

1 Answer | Asked in Contracts and Business Law for Texas on
Q: CAN A COMPANY call another person and discuss a contract with my company and the original
John Michael Frick
John Michael Frick
answered on Jul 29, 2024

In the absence of an agreement to the contrary, yes unless the discussion concerns information that from the facts and circumstances is confidential.

2 Answers | Asked in Tax Law and Business Law for Texas on
Q: If I transfer ownership of a business to my father, what are my options and responsibilities given there's back taxes?

My father runs a cleaning (franchise) business that is under my name, but I am not actively involved and I do not receive proceeds. It opened in late 2017 and didn't see any revenue until 2018 when it first acquired contracts. I'm looking to transfer ownership to my father for the... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You can transfer 100% of your interest in the business to your father. You will be legally responsible for all taxes incurred by the business prior to the effective date of your transfer of your ownership interest.

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3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Texas on
Q: How do I deposit a refund check from insurance company for a LTD that has been dissolved.

I had a LTD business that is now dissolved. Since its dissolution I received a refund from an insurance company for overpayment of services. I have tried everything to deposit this check. The insurance company will not reissue it and I cannot sign it over to a third party. I am wondering if I can... View More

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

Endorse the check on behalf of the company over to yourself as an individual and deposit it in your individual account.

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1 Answer | Asked in Contracts, Business Law and Employment Law for Texas on
Q: How can I recover unpaid commissions?

Facing closure, my former employer and I agreed on a commission-only role to keep me on board. I successfully brought in several clients, including their largest ever, a multi-million dollar deal. After receiving a partial commission for this deal, communication and transparency around client work... View More

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2024

A Texas attorney could advise best, but your question remains open for two weeks. One option is to review your matter with a Texas attorney. The first thing they'll ask, which is not mentioned in your post, is whether you had a written agreement as to your commissions. That would be valuable.... View More

1 Answer | Asked in Banking and Business Law for Texas on
Q: Solor panel not hook up in 7 mo. Credit co want payment. What is my move
Tim Akpinar
Tim Akpinar
answered on Jul 15, 2024

A Texas attorney could advise best, but your question remains open for two weeks. Without seeing the terms of the contract, in terms of installation, financing, payment arrangements, etc., it's difficult to offer meaningful input. One option is to review the contract, possibly with the... View More

1 Answer | Asked in Contracts, Employment Law and Business Law for Texas on
Q: I quit my job, can my previous employer withhold earned commission?

I quit my job as a B2B sales rep for a franchise. I gave a week notice ahead of time, I had one paycheck that was supposed to have an added commission of about 3k from the previous month’s sales. However the commission did not show up on my paycheck. My previous supervisor informed me that the... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

No, you can file a wage & hour claim with the TWC for any commissions you earned which were not paid.

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