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Texas Business Law Questions & Answers
2 Answers | Asked in Business Law, Criminal Law and Small Claims for Texas on
Q: Is there a law that covers interstate theft of service? Regarding Instrument rentals not paid for or returned to us.

We are a small business that rents ($700-$8,000) instruments nation wide. We have delinquent accounts that we have not been able to recover the money or the instrument. I would like to sight a legal statute in our delinquency letters. I would also like to be able to use legal recourse when I can.

John Michael Frick
John Michael Frick
answered on Mar 30, 2023

While I know of no law that specifically covers “interstate” theft of service, section 31.02 of the Texas Penal Code clearly covers your situation.

It is fairly complex when it comes to a person not returning rented items. There are somewhat different provisions if it was a...
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2 Answers | Asked in Copyright, Tax Law, Business Formation and Business Law for Texas on
Q: Where can i file the cheapest LLC in Texas?
John Michael Frick
John Michael Frick
answered on Mar 12, 2023

All limited liability companies are registered with the Texas Secretary of State. The filing fee is the same statewide.

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1 Answer | Asked in Business Law, Energy, Oil and Gas and Contracts for Texas on
Q: Can I sue based on Liberty's actions: I had a gas lease agreement to which liberty Utilities fails to provide any notice

Liberty Utilities fails to provide any notices within a 24 hour time of notice when they appear to vacate property without any such work. This company has continued to breach our agreement concerning no kind of notices within a 24 hour period before coming on the property. They refused to make... View More

Aimee Hess
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Aimee Hess
answered on Mar 8, 2023

I assume that since you reference a utility company that the agreement you have with them is an easement. It's unusual for a utility easement to require advance notice to the land owner to come on vacant land to do work, and especially if the utility believes the work may be needed for a... View More

2 Answers | Asked in Business Law, Civil Rights and Constitutional Law for Texas on
Q: Can a business such as a gym or bar tell my wife that our infant(1month) is not allowed? Consider Chapter 165 H&S code..

We pay a membership to the gym and can't use it. The bar has an outdoor area specifically designed for recreation, but is technically 21 and up.

John Michael Frick
John Michael Frick
answered on Feb 17, 2023

That’s a very interesting question. You may have to file a lawsuit to find out. A jury probably won’t have any sympathy for a mother who wants to bring a breastfeeding infant to a bar, but it’s probably a question of law for the court to decide.

The breastfeeding statute you cite...
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1 Answer | Asked in Business Law and Contracts for Texas on
Q: Can I cancel a contract from a solar panel company that is charging for a service I don’t have? Please help

I contracted a solar panel company back in August 2022. They finally installed the solar panels in November 2022, but they are not working as they promised nor has the company done anything to help me fix the problem. Apparently there’s something wrong with a faulty switch but it’s been four... View More

John Michael Frick
John Michael Frick
answered on Feb 12, 2023

Typically, solar panels are sold to homeowners just like other products. The retailer delivers and installs the panels, and the homeowner pays the price agreed.

Often, homeowners choose to finance their purchase through a third party financing company. The finance company is not...
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1 Answer | Asked in Business Law and Tax Law for Texas on
Q: What can I do if a business refuses to give me a receipt for a service I didn’t ask for or can’t prove they did.

I filed my taxes with Turbo Tax last year and their third party vendor hasn’t delivered my tax refund and is saying they need to deduct fees for delivery. Im asking for a receipt for the fees and they are refusing.

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

This sound suspicious.

Even when you use TurboTax to file your federal income tax return, the IRS directly sends your tax return to you. You can request it direct deposit it into your bank account or mail you a check.

I know of no third party vendor ever involved in this process.

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,... View 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 Business Law for Texas on
Q: Planning to start an LLC, a partnership of 3 different people in the state of Texas

One of the partners is a green card holder, and the other two are not American citizens or green card holders.

The Company is already working in London and Dubai. Which is better, to branch in the USA or to start a "Partenership LLC" in the USA? We are not sure which would be a... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 17, 2023

Your question will require a meeting with a business attorney. There is a lot to discuss and a number of questions I have.

1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for Texas on
Q: A partner stole my corporation The judge gave it back to me. He files bk while it’s mine. I have all the proof

I need a lawyer iif we would of finished the billl of review we would of won ? evidence was presented, and Court found that I was the only owner of my company 4 days later ex partnerfiled filed bankruptcy on behalf of my company just four days after this Court told him that he did not own it. I... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

If you still own the business, simply move the Court to dismiss the bankruptcy as unauthorized.

1 Answer | Asked in Products Liability and Business Law for Texas on
Q: Do i have a case against the dealership?

Back in 2020 a friend asked me if I would co-sign for her to get a car. When I went to the dealership the employee asked for my information for the car she was purchasing. This included my Insurance and when I asked why they stated that it was because the associate stated they needed it for their... View More

John Michael Frick
John Michael Frick
answered on Jan 9, 2023

How have you been harmed by the dealership?

You co-signed.

So you and your friend are jointly liable for the purchase price of the car.

If anything, you have a claim against your friend for wrecking the car.

1 Answer | Asked in Workers' Compensation, Business Law and Construction Law for Texas on
Q: Construction company in Texas. Waive of Liability for Subcontractor without Worker's Comp?

I am hiring a subcontractor - They do not have workers comp. Can I have them sign a release of liability?

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

Yes, the TWCC has a specific form especially designed for this purpose.

1 Answer | Asked in Consumer Law, Business Law and Collections for Texas on
Q: Should I pay for canceled order that was delivered?

I canceled 3 orders from a hardware store, yet they have still been delivered. These were canceled in store by the manager. I was advised by the employee, if the order does come, accept it and dont say anything. The total of the items is over 18k. What do I do? Will i be charged for these items... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

No, you don’t have to pay for them.

No, you can’t keep them.

Notify the store that they were delivered anyway despite your cancellation of the order and arrange a time for them to come pick them up.

1 Answer | Asked in Business Law, Consumer Law and Contracts for Texas on
Q: Can I sue for posession of titles if a lease agreement is predatory.

I have several leases for Semi trucks thru a company called Drivenow. I purchased them for a certain amount of years and a certain price. I have been paying some of these for way longer then the term of the loan and the balance seems to never come down. Now after paying for these trucks for longer... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

You may have a claim here. I need to read your contracts, see your rate, and review your payment records.

1 Answer | Asked in Business Formation, Business Law and Copyright for Texas on
Q: can I sell keychains coming from china with celebrities images at my e-commerce store online?

I'm looking to sell some stuff online at my store and it came to my mind some funny keychains with some celebrities images on it and just wondering about laws, copyright and I'm pretty sure I can't do that but doing some research like Etsy, Ebay and other e-commerce stores selling... View More

Steve Charles Vondran
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Steve Charles Vondran pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2022

Though keychains featuring celebrities may be fun to collect, it is important to remember that it is not legal to sell these items without permission from the celebrity or their representatives. Doing so can infringe on copyright, trademark and right of publicity protections that are granted to... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Texas on
Q: How does LLC registered as partnership write off car as business expense.

I have an LLC registered as partnership. Do I need to run payroll to pay the members? How to claim business expenses? Can I write off business car purchase as an expense?

John Michael Frick
John Michael Frick
answered on Dec 15, 2022

Yes, as long as the vehicle is used for business purposes. It is highly advisable that title is taken in the name of the LLC and is covered by a commercial motor vehicle liability insurance policy rather than a personal one

1 Answer | Asked in Employment Law and Business Law for Texas on
Q: I am night auditor at a hotel. Our books off my ten percent everyday. I think this might be swept underneath the rug.

Am I liable? I'm pretty won't care. I live in south Texas and even large corporations have Mexican accounting standards.

Jaime Victor Papa
Jaime Victor Papa
answered on Dec 12, 2022

Yes, this is likely an issue. I will need to learn more about the situation to provide you with legal advice.

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Business Law for Texas on
Q: TexasLLC 50/50 %,both managing members divorcing. Can owner live in entity asset rent free? Can judge changeLLC % owner?
John Michael Frick
John Michael Frick
answered on Dec 10, 2022

Whether a member can live in an asset owned by the LLC rent free depends on what the company agreement says.

If the membership interests in the LLC are community property, the divorce court can effectively change the ownership percentage by awarding one spouse’s interest to the other.

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1 Answer | Asked in Business Formation, Business Law and Securities Law for Texas on
Q: Can I start a business that sells bonds to friends and family, then invest that money in the stock market?

I'm an investor with 14 years experience. My friends and family all want my help because I've made excellent returns but it is my understanding that I can't help them, because I'm not a financial advisor, and they could sue me if they lost money (is that even true?). So I want... View More

John Michael Frick
John Michael Frick
answered on Dec 3, 2022

Forming a brokerage firm like this and creating a bond to offer to members of the public is a relatively complex endeavor.

You need to contact a business formation attorney who handles SEC regulated securities firms to avoid potential criminal legal problems

2 Answers | Asked in Contracts and Business Law for Texas on
Q: If I sell my business on contract & the buyer does not pay - can I foreclose on the buyer's house or other collateral?

Wondering if a business sale contract gives similar protection benefits to something like a mechanic's lien - where the debt can be secured with property or other collateral.

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

The sale of a business can be collateralized just like other transactions. As long as real estate securing the transaction is not a homestead, real estate can secure the transaction. This is commonly done with a deed of trust.

Perfecting a security interest has different requirements...
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1 Answer | Asked in Business Law, Contracts and Real Estate Law for Texas on
Q: Can a seller change their mind and backout after closing papers are signed?
Jaime Victor Papa
Jaime Victor Papa
answered on Nov 30, 2022

I would need to learn more about your case. It is unclear what is being sold.

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