We put in a deposit to buy a business but due to unforseen circumstance at my work, I need more time before I can quit my job and start the business. There was no agreement signed stating that the deposit was non refundable but she refused to refund my money and is planning to sell to someone else.... Read more »
it's generally not a good idea to give anyone a deposit without a written contract. at this point you will either need to pay a business attorney for a complete consultation and advice or possibly take your chances in small claims court (if the amount is under $10,000).
It's almost certainly SPAM, but a lawyer would need to look at the actual email to tell one way or the other. Look at the email address from which it came. Does it end with .gov or .com? All government addresses should end with .gov. Also, if they ask you for your social security number or...Read more »
A legal entity (LLC) has been established. One of the documents required to do business is the Operating Agreement. The problem is that some of the members are non-U.S. residents. Because of the epidemiological situation, we cannot be physically present in the United States.... Read more »
In California, electronic signatures and photocopied signatures are as legally valid as originals for most legal documents that do not need to be recorded. LLC operating agreement signatures do not need to be notarized unless the document will be recorded. However, I have never seen an LLC...Read more »
If you don't know what to do, you should go to the self-help center of your local courthouse or, if there is none, hire a litigation attorney. Getting a litigator to help you is clearly the best route because you are already behind the eight ball, as they say. Do not delay. This is VERY...Read more »
People are allowed to enter into contracts providing any terms they want, so long as the terms are legal (i.e., if you had a contract to murder someone, the terms would not be legally enforceable in court.) Since it’s perfectly legal to include any number of days’ notice prior to termination,...Read more »
I need to obtain text messages from a year ago from my cell phone account. I’ve been through the steps through Verizon but they are not accessible through my iCloud. I need to find another alternative to pull those messages prior to having to take it to court. Is there a way that can be done?... Read more »
You could try subpoenaing them, but your attorney should already know that, unless it's small claims court or you don't have an attorney. You also have no guarantee that you'd get them, since Verizon is under no obligation to keep a copy of your messages for that long.
He has done many illegal things and I want to keep name and he didn't put in the time nor sweat equity nor capital and while he didn't sign operating agreement it calls for name being returned to me not only that he has restraining orders trying to get permanent for threatening my life,... Read more »
I do not see any indication that this is a patent law question.
This seems to be a business dispute that will turn on the facts. This is not a good candidate for a web site Q&A. You will need to find an attorney that handles business disputes in the relevant state and lay out the...Read more »
My items were burglarized, and i located them at a pawn shop, but i dont have the money to buy them back. They gave the THIEF ( im not calling them a defendant) thousands and the pawn shop is requesting i pay. I obviously want to prosecute, so does this mean i can get my belongings back without... Read more »
Once a corporation is duly incorporated, who owns the corporation if no shares of stock have been issued, and can ownership change simply by issuing the majority of shares to and officer (say CEO) of the corporation without that officer having to pay for them?
You could change the ownership of the corporation by issuing shares to an officer of the corporation. To do so, I recommend that you have a stock purchase agreement, a Board consent authorizing the issuance of the shares and submit a 25102(f) securities filing for the issuance of the shares.
I am creating a Limited liability Partnership Agreement for a start up business. I need help with jurisdiction and whether or not the sum of 500 dollars a month is in line with federal minimum wage laws.In addition to what the value of cash is insofar as the establishment, development and branding... Read more »
As you probably already know, the basis for any successful business is a clear and cogent "agreement" between the founding members or partners. In an LLC or an LLP, such "agreement" would be embraced within an Operating Agreement ... which outlines management responsibilities...Read more »
Hello, I am planning to found my own consulting firm. I am helping startups in the US and EU with public policy, grant strategy, fundraising and business partnerships. Should it be a LLC or sole proprietor? Which one will be better for tax-wise?
The answer depends upon three initial focus points:  your exposure to liability ...  your desired management structure and  how you would like to see ownership and succession. The next step for you would be to schedule at least two free initial calls with attorneys of your choice ... by...Read more »
If she cannot legally provide or sell her services to another because she isn't properly bonded, then wouldn't any auctions she's held be illegal to do and void any contracts between her and the buyers of said illegal (fraudulent) auctions?
I am a website designer normally employed full time but since Covid I have been considering starting my own business. I would offers website design, graphic design, logo design and creation, marketing and social media management as well as ongoing site maintenance and management. Before I fully... Read more »
Once you market yourself to the world, you are in business and should have a business license. Check the websites of your city and your county to learn the requirements that apply to your jurisdiction. If you are working out of your home, your city and/or county may require a home-based business...Read more »
Unfortunately , yes, you have to pay that franchise tax regardless of whether your LLC is active or inactive. So long as the LLC is in existence, you must pay the annual tax. Some people make the mistake of only paying the tax when they earn an income, which causes the LLC to go into "FTB...Read more »
I was hired by company to run Tournament events. The company wants to contract me to run tournamemt events. With work product created, I provided the company with this service. After creating an FBN and EIN for the sole purpose of getting paid for services I provided, I asked for payment by giving... Read more »
You are free to sue for your fees as an independent contractor, if that is what you were. Even as an independent contractor, if you created intellectual property during the course of those duties, that property would likely belong to the person who contracted with you to create it.
The answer, as with most questions asked of lawyers online, is: "it depends" and "message boards are no substitute for legal advice." Here, there just aren't enough facts to provide a complete legal analysis. However, if your check was the standard $1,400 stimulus...Read more »
We need a brick-and-mortar address for a business set up by us in the US (there might be more businesses in the future), whose CEO is working from home (currently in Ohio but soon to be in California).
For the new company, we tried already tried to register But the Secretary of State’s... Read more »
You may be making this more complicated than it needs to be. Why can't you use your home address? Yes, it will be a public record, but it works. There are many solutions to this issue without you having to lease expensive office space that you will not be using. Best wishes!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.