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Georgia Business Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Small Claims for Georgia on
Q: How do I serve C T Corporation System in Lawrenceville GA listed as registered agent for property management company?

Property management company currently managing apartment complex in Marietta GA is in violation of tenant lease agreement. Principal address of the business is listed in UT; registered agent is a corporation by the name C T Corporation System in Lawrenceville GA. Gwinnett County sheriff is said to... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 24, 2021

CT Corporation is a company that acts as registered agent for thousands of companies throughout the country. The deputy certainly knows how to serve CT Corp. You are likely drafting your lawsuit pleadings incorrectly. You do not sue CT Corp, you sue the company and serve CT Corp which then gets... Read more »

1 Answer | Asked in Consumer Law, Business Formation, Business Law and Trademark for Georgia on
Q: I am trying to create a subsidiary brand in Georgia. Where do I do this?

For example Coke makes brands like Sprite and Fanta. Their the same soda brand that have different soda. That’s what I am trying to accomplish. I have an LLC already in Georgia. Do I just make buy another LLC? Is there like a box I fill out out under my already owned LLC?

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 3, 2021

You do not need any more LLCs

You need to register the brands to get protection against others who would want to use the same name

You need to consult with an attorney

1 Answer | Asked in Contracts, Employment Law and Business Law for Georgia on
Q: I owe my salon owner a lump sum that i signed and agreed to pay on august 1, but i don’t have the money yet. What to do?

My kids father and i split up so I’m moving to another city with my kids by force to live with my family. Which caused me a great setback.

Rhiannon Herbert
Rhiannon Herbert answered on Aug 3, 2021

You should reach out to the salon owner and explain your situation. If you can't pay the money owed in a lump sum, it may be possible to work out a payment plan where you pay in multiple installments.

1 Answer | Asked in Products Liability and Business Law for Georgia on
Q: Can a carlot change the down-payment
Cory D. Raines
Cory D. Raines answered on Jul 26, 2021

This question is quite vague and without more, an appropriate response can't be given. However, many contracts have contingencies, so if there was one related to the down payment, then that could cause it to change. For instance, if a car lot agrees to a down payment of $5,000, so long as you... Read more »

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Civil Rights for Georgia on
Q: Can a licensed none consensual towing co. Tag and tow for expired registration. In the state of Georgia
Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Very sorry, but your question makes no sense. Please restate it and provide actual details the next time.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Georgia on
Q: I signed a partnership agreement to start a new company. How do I back out before it gets started?

I signed a agreement to start a company. Nothing has been filed/registered/, the business does not yet exist. How do I back out of the agreement? I no longer have the financial assets to start one. My “partner” claims he signed the agreement thinking it was an already existing company. However... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Honestly? Anytime a person engages in drafting their own legal documents without the aid of an experienced attorney, that person has made a mistake. You should meet with a business attorney now to see what, if anything, you are now facing that will be harmful to you and whether it can be... Read more »

1 Answer | Asked in Business Law for Georgia on
Q: What happens if you don't file a notice of incorporation when starting a nonprofit?
Cory D. Raines
Cory D. Raines answered on May 25, 2021

First and foremost, if you are planning on operating a non-profit organization or not-for profit corporation you must file the incorporation documents with the Georgia Secretary of State's Office or your the equivalent in you state. Additionally, you will need to file for the non-profit... Read more »

1 Answer | Asked in Criminal Law and Business Law for Georgia on
Q: I was charge but never arrested or finger printed
Melaney LaGrone
Melaney LaGrone answered on May 5, 2021

What is your question? You may have an outstanding warrant, which means you will need to turn yourself in to be arrested and fingerprinted.

3 Answers | Asked in Business Formation, Business Law and Civil Litigation for Georgia on
Q: LLC is joined as Third Party Defendant in a counterclaim lawsuit, LLC is served with process, does LLC have to Answer?

In other words, please confirm if an LLC who was properly served with process to the registered agent (who is not an attorney) by court order, needs to hire an Attorney to "Answer" a counterclaim lawsuit as a Third Party Defendant. And please confirm if there is any Georgia State law... Read more »

Joshua Adam Davis
Joshua Adam Davis answered on Mar 27, 2021

Under federal and Georgia law, a limited liability company must retain an attorney to appear on its behalf and represent it in court.

As always, you should have a confidential discussion with an attorney who can thoroughly explore the facts of your situation, as there is some ambiguity in...
Read more »

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1 Answer | Asked in Products Liability, Workers' Compensation and Business Law for Georgia on
Q: I am trying to get information on how to become a self-insured company for Liability lines and workers comp.

looking for info to be self insured for General Liability, workers comp, professional liability, E&O etc

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

You really don't want to go there but your state insurance department would be the best place. You will have to post a bond, and you will be responsible for handling all claims and paying all claims.

Note also some companies doing business with yours may want proof of insurance--and...
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1 Answer | Asked in Business Law, Contracts and Employment Law for Georgia on
Q: Noncompete enforceable? Sold my Georgia business, sale contract says Pennsylvania jurisdiction, 4 employees in GA now

Never did Bill of Sale, only an asset purchase agreement. They breached multiple items of the sale agreement. Have asset sale agreement and employment agreement with Buyer. They changed me from 20 hrs/week salaried manager to hourly worker as needed and haven’t given me any work in two weeks... Read more »

Paul C. Jensen Jr.
Paul C. Jensen Jr. answered on Feb 27, 2021

It depends. Both Georgia and Pennsylvania courts will enforce valid restrictive covenants. Generally, to be enforceable, non-compete agreements must be reasonable as to time, geography, and activities restricted. In addition, courts are generally more tolerant of broad restrictions in a non-compete... Read more »

2 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: the title of my business is the same as another well established company’s product

how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented

Evelyn Suero
Evelyn Suero answered on Oct 19, 2020

The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another... Read more »

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1 Answer | Asked in Business Formation, Business Law and Immigration Law for Georgia on
Q: I'm running a small business online and I'm looking to hire a helper. However my immigration status is pending I-485.

I already received an EAD. What should I proceed? Do I need an LLC? Can I hire someone (with my immigration status stated above)? Thank you!

Adan Vega
Adan Vega answered on Aug 11, 2020

The employment authorization document (EAD) issued to you by USCIS authorizes your lawful employment while you await the adjudication of the FORM I-485. You can register an LLC if you are able to fulfill all of the state requirements of the state where you intend to operate your business. You can... Read more »

2 Answers | Asked in Business Law, Child Support and Family Law for Georgia on
Q: Can the child support office take assets/money from a business such as a LLC, etc?

Does business profit count towards an the income for the NCP?

V. Joy Edwards
V. Joy Edwards answered on Jul 14, 2020

Yes business profit counts towards income.

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2 Answers | Asked in Business Law for Georgia on
Q: So my husband and I owned our own business and with some events we gave back his money he gave to us and what our compay

made he is now using our company name We want him To quit using our name and company name

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 6, 2020

As I understand your question, you and your husband owned a business together and you gave him back some money he had given you. Was the money he gave you a payment for your ownership interest in the company? Was there an agreement signed? If you were given a check or a cashier's check, did... Read more »

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1 Answer | Asked in Criminal Law and Business Law for Georgia on
Q: During a protest do business owners have the rights to protect their property with force if being vandalized?
David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

Self defense can be used to defend property in limited circumstances.

Code § 16-3-24 (2018)

(a) A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such...
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1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Landlord - Tenant for Georgia on
Q: Can I transfer a primary residence to my LLC and rent my house from myself, to pay R&M and Capital expenses through LLC?

I own a home in Alpharetta, GA, I believe transferring ownership from myself to an LLC I own would allow the LLC to expense mortgage payments and Repairs & Maintenance costs as a cost of maintaining the property for tenants. I also believe the LLC could capitalize costs related to capital... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

Yes you technically can, but it doesn't work. You end up netting if it works out well and you have to defend it in an audit. It always ends up being net taxable when the IRS recalculates the FMV of the rental.

Once you run all the numbers it's comes out that you create tax out of...
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1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: So I’m Milledgeville the have a club called the capital and some nights they only let GCSU students in, is that right?

I’m in the military and they don’t let me in bc I’m not in the college but I’m of age, do they have the right to turn me away?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Mar 8, 2020

Yes, they can turn you away under these circumstances.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Contracts, Business Formation and Business Law for Georgia on
Q: I want to join network marketing company using my LLC. The wording seems to say that I can only use my legal name.

Are they talking about my name or the LLC name on its paperwork?

Here are the details:

“ Individuals or entities may only register as IBOs using legal names. An IBO cannot be signed up or registered with a fictitious business name.”

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2020

If you cannot understand what this very simple language means you really should employ a small business lawyer before you get yourself into real trouble. Answer: You can ONLY use your REAL name--or the REAL name of your LLC, or the REAL name of a corporation, or partnership, or limited partnership... Read more »

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1 Answer | Asked in Contracts, Business Law and Communications Law for Georgia on
Q: ISP suddenly stopped providing a product that we still pay for. Did they breach the contract?

Before I joined my company, they signed a multi-year service agreement with an Internet Service Provider that I think we should no longer use. When looking at the early termination terms, we would owe over $7,000 for the remaining 23 months. So, in an effort to not cancel service but change... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 4, 2020

Possibly. It's difficult to analyze without the details. It may not let you out of the contract entirely but you could likely get some credit of offset.

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