Business Law Questions & Answers

Q: Bankruptcy or credit card question. Can I be arrested for not paying creditors?

1 Answer | Asked in Bankruptcy, Business Law, Consumer Law and Contracts for Kentucky on
Answered on Feb 19, 2018

There is no debtor's prison. If there was, over 50% of Americans would be in jail. You may very well be judgment proof and not need a bankruptcy filing. It would still not hurt to talk with a bankruptcy near you to get an opinion and to see all of your options. Most lawyers offer a free consultation to review your situation. Hope it works out. Good luck!
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Q: I am licensed in NJ. Can I practice telepsychiatry in another country while seeing pts from NJ?

1 Answer | Asked in Business Law for New Jersey on
Answered on Feb 19, 2018

You need to ask your medical board this question.
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Q: Must I have the name of the owner/s to sue the corporation in Magistrate Court. Bill Email: callbillfinch@gmail.com

1 Answer | Asked in Business Law for Georgia on
Answered on Feb 18, 2018

To sue a corporation, all you need to do is name the corporation as the defendant and have the sheriff serve the registered agent of the corporation after filling the suit in the county of the registered agent. You can find the registered agent on the Georgia secretary of state website.
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Q: I wanted to know about laws on filing someone as a dependent if they don't or hasn't lived with you or cared for you

1 Answer | Asked in Business Law and Small Claims for Ohio on
Answered on Feb 16, 2018

You need to talk to a tax advisor. Tax issues are complicated, and depend on your specific situation that your advisor will have to analyze to be able to give you any answers at all. The IRS has very specific criteria for claiming a dependent.
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Q: When a seller financed loan is not paid, who is responsible to pay back? (Business was resold with loan)

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for Florida on
Answered on Feb 16, 2018

No way to say without first reviewing the loan paperwork. If you signed a personal guarantee and never got a release of that personal guarantee, then you may be on the hook for the loan.

You need to consult with an attorney in your area asap to get a thorough evaluation.

Good luck,
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Q: Can a not-for-profit organization exist by just donating all of its profit instead of taking specific actions?

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions for Florida on
Answered on Feb 16, 2018

Short answer. Maybe. However this question is beyond the scope of this site.

You need to consult with a business law attorney on this issue as it is more complex than just a simple yes or no answer.
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Q: What kind of tax returns does a small business have to file?

1 Answer | Asked in Business Law for New Jersey on
Answered on Feb 15, 2018

That will depend on the corporate structure.
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Q: I work as a copywriter for a marketing agency and would like to put some of my best works in a physical portfolio.

1 Answer | Asked in Copyright, Business Law and Communications Law for Florida on
Answered on Feb 15, 2018

The answer to your question depends on the employment contract you signed with the marketing agency and whether you can share the portfolio. I would look to see what their requirement states first.

As far as copyright law, technically if you were hired as a work for hire with all intellectual property belonging to the agency, that this will be considered the intellectual property of your marketing agency and not you.
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Q: If a credit card company has written off my debt on their taxes, can a collection company still collect from me?

1 Answer | Asked in Business Law for Idaho on
Answered on Feb 14, 2018

My suspicion is that the company wrote your debt off when it sold it to the collection company. However, I'd recommend having an attorney review the situation for you to give a more definitive answer.
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Q: Collection company still collect after debt has been written off?

1 Answer | Asked in Business Law for Idaho on
Answered on Feb 14, 2018

My understanding is that they can. The company wrote off the debt when they sold your account to the collection company. I'd recommend reviewing the whole situation with an attorney.
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Q: Hello, Does an individual resident of California have standing in the California law that requires prompt reporting

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Small Claims for California on
Answered on Feb 14, 2018

Yes, Civil Code section 1798.82 states that, following discovery, notification shall occur in the most expedient time possible, consistent with the legitimate needs of law enforcement. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1798.82
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Q: Company A has sued me for breach of a verbal employment contract, but has now admitted in deposition that

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Maryland on
Answered on Feb 14, 2018

Perhaps. There is a common law duty of loyalty in the absence of a specific employment contract term, but in the context of an independent contractor that may be very limited if not legally nonexistent. There may be specific facts in your case that change any analysis, so meet with a lawyer to review options.
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Q: I'm a subcontractor in S.C. If I hire me (1) helper and pay him a flat salary, do I have to carry worker's comp. on him?

2 Answers | Asked in Employment Law, Workers' Compensation and Business Law for South Carolina on
Answered on Feb 14, 2018

If you only have one employee, in South Carolina you do not need to have workers' compensation insurance.
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Q: I am married & want to start a business. What can I do to ensure that my wife has no claim on it IF there is a divorce.

1 Answer | Asked in Business Law, Divorce and Family Law for Virginia on
Answered on Feb 13, 2018

About the only way to do that is to have a lawyer write up a Post-Nuptial Agreement for you that you and your wife both endorse. It is a lot like a Pre-Nupt, but after the marriage. If you were to use separate money, and keep it all separate, including the work, that might also work for your purpose, but then if there was a challenge during a divorce, you'd have to work to prove all that. The Post-Nupt would be the best path in my opinion.
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Q: Can a company require you to pay them back for training they provided for a job if you quit/get fired?

1 Answer | Asked in Business Law and Employment Law for Florida on
Answered on Feb 13, 2018

Potentially yes. But no way to say for sure without first reviewing the contract.

You should consult with an attorney in your area to get specific advice.
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Q: I have a non-solicitation agreement as a contractor in Illinois. I would like to start an LLC under my wife's name.

1 Answer | Asked in Contracts, Employment Law and Business Law for Illinois on
Answered on Feb 13, 2018

Yes, it is highly likely. However, a definitive answer is dependent on the precise language of the non-solicitation agreement with your previous employer. That being the case, I recommend organizing the non-solicitation agreement and any other information you believe is relevant to this situation, and consulting with an attorney to get a definitive answer.
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Q: I am using Social Media to collect stories for a non profit book. Which releases do i need?

1 Answer | Asked in Business Formation, Business Law, Civil Litigation, Communications Law and Copyright for Florida on
Answered on Feb 13, 2018

You need to use the find a lawyer feature to locate a copy right attorney and consult with one on his topic. This is a specialized area of law and not something to take lightly. Get specific legal advice on this one.
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Q: Commercial equipment repossession

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Illinois on
Answered on Feb 12, 2018

It depends on the precise terms of the lease. That being the case, I highly recommend organizing the lease, as well as any other documents you have in your possession regarding this matter, and consult with an attorney individually, as you do not want a personal judgment against you for the full cost of the equipment, as well as court costs, attorney's fees, and other penalties if it can be avoided.
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Q: How do you pursue buyers in Fairfax County Circuit Court who defaulted on a real estate contract?

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Virginia on
Answered on Feb 12, 2018

First, you need a lawyer to review the contract. Many contracts in Fairfax provide that the damages for a breach by buyer is limited to the earnest money deposit. Not all contracts are the same, and all can be modified, but if you signed that clause, it is enforceable. Many lawyers provide discounted initial consults to help guide you.
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Q: Are Florida corporate bankruptcies filed in State or Federal Court?

2 Answers | Asked in Bankruptcy and Business Law for Florida on
Answered on Feb 11, 2018

Bankruptcy is exclusively a federal matter. There is a bankruptcy court for each federal district (of which there are three in Florida).
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