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Georgia Business Law Questions & Answers

1 Answer | Asked in Bankruptcy and Business Law for Georgia on

Q: does a confession of judgment from Miami florida apply in Georgia?

D. Mathew Blackburn answered on Aug 16, 2019

It depends on how it was drafted. It has to be entered in defendant's resident county. It also depends on what stage the case is at. But generally yes.

2 Answers | Asked in Contracts and Business Law for Georgia on

Q: I signed a non compete. That only says, I will not compete with the guy in the state of GA for 2 years. See below

I signed a non compete. That only says, I will not compete with the guy in the state of GA for 2 years. It does not say what the competitive services are. He breached the contract by not paying the full amount by $96. The full amount was to be paid in 90 days, in 3 installments. He shorted me the... Read more »

D. Mathew Blackburn answered on Aug 15, 2019

Without reviewing the contract in its entirety it's impossible to predict what may happen if he tries to enforce the agreement.

Generally one person breaching does not void the entire contract and does not mean that another person's breach cannot be acted against.

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1 Answer | Asked in Business Law for Georgia on

Q: Is it considered “lobbying” to help advertise a business that is trying to get a conditional use permit

Company applied for a conditional use permit to build and operate a disposal facility. Would I be considered a lobbyist if I designed graphic materials for the company?

Tim Akpinar answered on Aug 9, 2019

A Georgia attorney could provide the most reliable authority in terms of how lobbying might be defined by the laws of Georgia. But your question remains open for four weeks. As a general matter, I don't think a reasonable person would see what you're doing here as an artist as lobbying. Lobbying is... Read more »

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Georgia on

Q: I was over paid by my job 30000$ at the time I was in financial hurricane and used the money this was2017 2019 arrested

For theft by taking I recieved a letter saying pay 15k 1rst month 10k 2 month and 5k 3rd month I was fired ant last 2week checks was took

D. Mathew Blackburn answered on Jul 31, 2019

That's interesting but you haven't actually asked a question.

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1 Answer | Asked in Business Formation, Business Law and Car Accidents for Georgia on

Q: Hey I have a question on used tires. Is it illegal to sell dry rotted tires?

Tim Akpinar answered on Jul 17, 2019

From a safety standpoint (and you can find professionals in the transportation and highway safety industry who are better qualified than attorneys to explain this), tires with dry rot can experience catastrophe failure leading to serious injury or death. From a legal standpoint, a Georgia attorney... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on

Q: Can I go after the franchisor if an officer of my corp. fraudulently encumbered my business?

This action arises from the findings of the court AFTER A Divorce case: Wife (an officer only) alters corp docs, tax returns, shares, etc. of my business and then executes a franchise agrmnt as "100% shareholder" with big company - third party w/o my knowledge. (all clearly stated in final decree... Read more »

D. Mathew Blackburn answered on Jul 14, 2019

You can try but it's going to be difficult and without all the facts, which you should not reveal on a firum, it's impossible to say whether it would be worth pursuing. I would suggest that you look for an attorney to help you go through the documents and gather any evidence that exists and... Read more »

1 Answer | Asked in Consumer Law, Employment Law, Tax Law and Business Law for Georgia on

Q: Registration fees are given to IC. Event changes location & time, IC resigns, does money go to new IC or registers.

Am an IC for a large company. One of my jobs is to collect registration fees. The place where the event is meeting and the date has changed due to some legal issues. I am terminated my contract with the company. The people who have paid the registration fees want their money back, and I would like... Read more »

Bruce Alexander Minnick answered on May 10, 2019

This is simple: If the checks were payable to you personally you can do (just about) whatever you want with them; and my advice on that point is to return the checks to whoever gave them to you, and document it very well.

1 Answer | Asked in Business Law, Contracts and Employment Law for Georgia on

Q: Can an independent contractor file a suit against a company for pay/ charges or do I need to be an employee to do so?

The company Truck Movers has deceptive business practices toward contractors. Changing pay rates after negotiating on a set price & charging us for items that they bill the customer for...Double dipping. Also, the customers have no idea about damages created by the actual company employees before... Read more »

Bruce Alexander Minnick answered on May 8, 2019

Sure; in America anyone can sue anybody for anything at any time (even without a lawyer in small claims court). Winning the lawsuit is another matter. If you decide to sue you should be prepared to pay between $100 and $400 for the filing fee and then pay another hundred bucks or so for service of... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Georgia on

Q: How do I gain sole ownership of an online business that I started with someone else?

Bruce Alexander Minnick answered on Apr 17, 2019

Unless you provide much more information about the business and everything gone before between you and the person who apparently shut you out of the business you started you will not get many answers on this forum.

1 Answer | Asked in Business Formation and Business Law for Georgia on

Q: I want to open a wine subscription business based in Georgia.

I will be shipping wine monthly to subscribers. The wine will come from different wineries/cellars. Is that possible?

Adam Savett answered on Apr 10, 2019

The answer is probably, but this is NOT a do-it-yourself endeavor.

You should seek a (preferably) Georgia licensed attorney with a specialization in alcohol sales & registration issues. If they have a background in interstate subscription shipping or direct-to-consumer business, then even...
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1 Answer | Asked in Copyright, Business Law and Trademark for Georgia on

Q: What's does domestic profit corporation mean?

Ahaji Kirk Amos answered on Apr 5, 2019

It means a corporation organized and doing business in the state for profit. A foreign corporation is a company that is organized in another state, but doing business in another state. For example, a corporation organized in Delaware, that is doing business in Georgia, must register as a foreign... Read more »

1 Answer | Asked in Business Law for Georgia on

Q: I am in the process of starting a commercial cleaning business LLC. Do I need to obtain the business insurance first

before I apply for the business license

Nicole Theodore answered on Mar 11, 2019

You don’t need to obtain your commercial liability insurance before you file your Articles of Organization with the state, but I would strongly recommend obtaining insurance before you begin accepting jobs/customers. I would recommend starting with filing your articles, getting an EIN, obtaining... Read more »

1 Answer | Asked in Business Law for Georgia on

Q: We purchased a business from a family member without getting an agreement in writing. What are my options?

In 2012 my husband bought a lingerie botique from his parents. The agreement was that we would pay $600.00 per month until we paid a total of $60,000.00 ! To date we have paid them $50,400.00.

Now that we are close to being paid off , my father in law is claiming he never agreed to the... Read more »

Nicole Theodore answered on Mar 6, 2019

Even though you have been making timely payments, it will be difficult to prove that you are almost “paid off” without a signed written agreement showing what the total agreed upon price was. You may also have a Statute of Frauds issue, as Georgia requires all contracts that cannot be completed... Read more »

1 Answer | Asked in Business Law for Georgia on

Q: can one company cease doing business with another without justification

Tim Akpinar answered on Feb 15, 2019

As a general matter, yes. If a company ceases to do business with its steel supplier because it finds another supplier that provides higher quality steel, this sort of thing might be considered without justification and it happens all the time in commerce. If you are inquiring about a specific... Read more »

1 Answer | Asked in Business Law, Contracts, Copyright and Intellectual Property for Georgia on

Q: Person wants me to sign a trade secret document before getting out of our informal partnership with no assets, only idea

I have an inquiry about a business person who wants me to sign a trade secret document before getting out of our partnership (in which we haven’t signed anything and haven’t developed any specific implementation, just ideas through brainstorming deriving from known methods - there's also no... Read more »

Griffin Klema answered on Feb 13, 2019

That's a complex situation. Without any formal company, you may both be operating under what is called a general partnership (but this should be addressed more conclusively by a Georgia lawyer). Even aside from the trade secret contract, to avoid incurring liability by your partner, I strongly... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Insurance Bad Faith for Georgia on

Q: Insurance Agent's dishonest conduct & practices

My question is a little complicated. This has to do with a State Farm Insurance Agent who owns his own agency and is allowing his son to commit theft and fraud out of his agency/office. What is the best way to go about reporting this?

David Edward Boyle answered on Jan 28, 2019

You can always file a police report to file a complaint about the crime. You can also contact the corporate office of State Farm and make them aware of it.

1 Answer | Asked in Business Law and Tax Law for Georgia on

Q: what is the best way to report unreported income for small business that has gone for many years. what kind of lawyer?

we have a small business that had cash sales. we did not report these sales for years. we would like to come clean and report these sales to possibly prevent future prosecution, fines and possible jail time.

Chad Silver answered on Nov 26, 2018

A Tax Attorney would be the best professional to guide you through this process. It is very important the matter is handled with someone you have an Attorney Client privilege with. You can contact our office at 855-900-1040.

1 Answer | Asked in Business Law, Employment Law and Contracts for Georgia on

Q: How can I confirm that every contract entered into between a previous employer and I is no longer in effect?

I am Georgia. In 2016 I joined a company, Exide, with a humongous amount of stuff that I signed during the hiring process. I quit in January 2017, but now I am concerned that there is still some legal arrangement between that firm and I. I do not have a copy of the stuff that I signed, but I am... Read more »

Nicole Theodore answered on Sep 27, 2018

You should be able to simply reach out to your former employer and ask them to send you copy of your employment contract(s). Once you receive your copy, have it reviewed by a good business/employment law attorney to address if there are any lingering noncompete, non-solicitation clauses to which... Read more »

2 Answers | Asked in Business Law, Civil Litigation and Criminal Law for Georgia on

Q: I am running a business, 2 phones were stolen. I was told I would be charged with this if I didn't pay them back

I just opened this business, 2 phones were stolen from me and 1 was a sheriff's deputy. I was told I could be charged with theft by deception, but I had no intenting of deceiving anyone.

Ecleynne Mercy answered on Aug 15, 2018

So here's the thing. I would need more information. But I can offer a little bit of advice. Unfortunately, in this criminal justice field, its often said that its not what happened, but what you can prove. So from what I read, you haven't been charged yet. THUS, if things can be proven, then your... Read more »

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2 Answers | Asked in Business Law, Insurance Defense, Personal Injury and Wrongful Death for Georgia on

Q: My daddy had General libality insurance million dollar policy for his company and died of multiple myeloma cancer

multiple myeloma cancer its consider as a occupational disease what type of lawyer to get to file a claim

Robert W. Hughes Jr. answered on Jul 19, 2018

You probably need a personal injury lawyer or a lawyer specializing in insurance law.

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