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Georgia Business Law Questions & Answers
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.

2 Answers | Asked in Contracts and Business Law for Georgia on
Q: Worked for a company now they only wanna pay what they feel it's worth not the agreed amount

I did work on a deadline for a new person. We agreed to pay me a certain amount per apt I was to clean and then $1200 for painting and apt. I did the work all before Thanksgiving and they said they would pay me the total is $2200 I have all convos back and forth and now they say they feel the work... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 22, 2019

If you don't agree with their terms the next step is to file suit for breach, fraud, whatever's applicable.

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1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Georgia on
Q: My bankrupt was dismissed I 1/13; however I have been awarded a settlement from a class action law suit. My file is now

My file is now in the office of the bankruptcy trustee... I don’t understand.. the two are not connected.. is there anything I can do? I’m on disability due to multiple medical challenges and would love to have a little bit of light in my life before ... well.. I go

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 12, 2019

It is best to contact a bankruptcy attorney for assistance.

I wish you well.

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

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Georgia on
Q: What to file for fraudulent SERVICE to allow to counterclaim on SMALL CLAIMS case (6/28) scheduled for default on 12/26?

Small claims case is scheduled for default hearing on 12/26, AFFIDAVIT OF SERVICE filed 07/01 appears to be fraudulent. What to file to remove default and allow to counterclaim? Defendant learned about the case after 30+15 days ellapsed, filed on 10/16 Opposition to "Request for Default... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 2, 2019

You need to contact an attorney As Soon As Possible. More information is needed to provide you with an accurate answer. There are defenses available to you.

We are glad to assist you. Contact us today. I wish you well.

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

2 Answers | Asked in Business Law and Contracts for Georgia on
Q: Is a contract voided if it were to be signed by Parent or Guardian, however, the contract was signed by a 17 y/o.

I took pictures with my local senior photography company because I was not able to attend the school picture day due to work. I digitally signed a contract at the studio when I went in person, however, I don't recall reading the part where it asked specifically for a parent/guardian to sign. I... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 25, 2019

Can't hurt to send them a letter stating the signatory was under age and the contract is void. They still have a claim under quantam merit (Google it) for services rendered but if you never requested the packet you have a solid defense there as well. Then you can file a complaint with the... Read more »

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1 Answer | Asked in Business Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Georgia on
Q: Our HOA in Georgia permits Action Without Meeting. To remove directors how many members must we have sign this action?

We will have at least 40% of total HOA members signing. Is that total good if we are considering the total of number of members who decide to vote at all vs. total number actual HOA members?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 18, 2019

Your HOA’s bylaws and covenants should provide guidance on this matter. If it does not contain the information, it may be best to speak with an attorney about the specifics of your case.

We have expanded our practice area, and we are glad to assist you. Call us today.

-The Upshaw...
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1 Answer | Asked in Business Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Georgia on
Q: Our HOA in Georgia permits Action Without Meeting. To remove directors how many members must we have sign this action?

We will have at least 40% of total HOA members signing. Is that total good if we are considering the total of number of members who decide to vote at all vs. total number actual HOA members?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 14, 2019

It is best to refer to your covenants and/or bylaws; it should contain the rules about this topic. If your covenants and/bylaws do not contain the information, it may be best to consult an attorney who can assist you with the specifics of your case.

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

1 Answer | Asked in Business Law for Georgia on
Q: Why is it unlawful to travel at (60 mph) on Expressways...in A School Bus.. When tansporting Students to & from Activity
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 5, 2019

Prohibitum per se laws make things illegal for no reason other than the dictates of the state.

1 Answer | Asked in Real Estate Law and Business Law for Georgia on
Q: The manager of our company used tenant's deposit to pay loan, then return back to account. Is that serious legal issue?

The manager of our company used our company's money to buy houses, use his private name for contract and HUD, than contribute these houses to the company in the same day. Looks very uncomfortable. Is that break the law?

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

It depends. An attorney would have look at the details here. At first blush, I though that the transaction you were describing was criminal. After reading that the manager contributed the houses back to the company, the transaction seems less sinister. As far as hud goes, that is another... Read more »

1 Answer | Asked in Business Law and Contracts for Georgia on
Q: The company I owned and the d/b/a sued by a very good attorney for less than 100,000.

my only income is my social security - can that be garnished?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

No.

Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from garnishment, levy or other withholdings by the federal government, except:

To enforce child support and alimony obligations under Section 459 of the Social Security Act (42 U.S.C....
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1 Answer | Asked in Contracts and Business Law for Georgia on
Q: I was served billybob, Inc., d/b/a grading and myname am I required to have an atty?
D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

To answer under your own name no, you have a constitutional right to defend yourself.

For the company yes, unless you're a GA licensed attorney you cannot defend the company. In certain circumstances the Court can waive that requirement. I would call the Clerk and ask.

Having...
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1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Are there any laws that prohibit a manager from hiring his spouse It is a private business with seven employees

My manager hired his wife he has never called her a comanager but she makes decisions like he does she did not have to move up the food chain and she is definitely treated differently than the rest of us it is a privately owned business he does not have her clocking in and out as well he has... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 2, 2019

No.

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