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Texas Business Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Small Claims for Texas on
Q: I am in the middle of a negotiation and need help

I am a truck driver. In one of my deliveries, my trailer was damaged by one of the employees of the warehouse. They have accepted responsibility but have neglected my claim for the diminished value of mu trailer. I was going to sell it for 70k but now due to the accident the value of the trailer... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2022

A Texas attorney could advise best, but your question remains open for four weeks. I'm sorry for the damages to your trailer. You have a number of options. The first would be the cheapest, which is trying to continue negotiations. At this point, you may have already resolved the matter. But if... Read more »

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: I am interested in starting a non profit fan site / fan group. What is the best 501 option?

I would prefer for it to be some type of corporation.

I saw this list: https://www.rocketlawyer.com/business-and-contracts/starting-a-business/non-profit-incorporation/legal-guide/types-of-non-profits

501(c)(7) doesnt really fit because we would not be limited to membership.... Read more »

Matthew Morris
Matthew Morris
answered on Apr 5, 2022

Most lawyers who offer advice on a question like this will ask a lot of questions to dig deeper into the details before offering advice. I have about fifteen that I go through when somebody is asking for advice on whether to form a nonprofit.

First, some background to be sure we are on the...
Read more »

1 Answer | Asked in Divorce and Business Law for Texas on
Q: I'm going through divorce and own a small business. The business is in my name. Do I have to split the profits with my e
Jennifer S. Hargrave
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Jennifer S. Hargrave
answered on Apr 4, 2022

Congratulations on being a business owner!

The business will be valued as part of your overall estate. The profits generated from your business can factor in to the overall value of your business. How your business is valued will depend on many factors, including the type of business...
Read more »

1 Answer | Asked in Contracts, Business Law, Collections and Small Claims for Texas on
Q: I bought a car and have proof they have received all the money owed. The person who sold me the car had a lien on the

Title. The car was repossessed after I fired their son and I guess they stopped making payments then. The Lien holder gave me the car with my name as the customer without any payment due and I have a paper with all information saying so. Would the car then be mine?

The first part of the... Read more »

Leroy Scott
Leroy Scott
answered on Apr 3, 2022

If you only paid the lienholder, but not the actual seller, then the vehicle would still belong to the seller. The lienholder can only release its lien; it cannot give you title to the vehicle (unless the lienholder had repoed the vehicle).

If you only paid the seller, but not the...
Read more »

1 Answer | Asked in Copyright, Business Law and Patents (Intellectual Property) for Texas on
Q: I am trying to find the patent for the brush guard that GM put on their Commercial Utility Cargo Vehicle (CUCV).

These vehicles were provided to the US military from 1984 - 1987. I believe similar brush guards were an option on GM trucks as early as the 1960's. I would like to reproduce this brush guard for the same GM vehicles and other vehicles with slight modifications. Thanks for any help you can... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

Sorry to be getting to this so late.

This is a common type of question, but unless the brush guard was ornamental, finding the patent is not going to be very helpful. The drawings that come with patents are there to help the reader understand the invention, and are not meant to be...
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1 Answer | Asked in Business Law for Texas on
Q: My business was subcontracted to create a survey. Can the subcontractor remove my company name from the survey?

The survey is a questionnaire to be administered as part of a education grant.

Jaime Victor Papa
Jaime Victor Papa
answered on Mar 28, 2022

I see that you are located in Albuquerque, NM but are asking a business law question for Texas. If this is a Texas legal matter, my thoughts are as follows:

I recommend that you have an attorney review your original contract and all recorded conversations with the contractor. After an...
Read more »

1 Answer | Asked in Business Law and Gaming for Texas on
Q: Website closed my account and owed me over 60k is there anything I can do

So the website is pulsz.come and I had won bit on there site was around 200k at 1 point and when it came to paying out they took over a month and said they were going to and then closed my account and said I had two accounts which I did no and explained to them multiple times and then told them my... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Feb 9, 2022

Yes, you can hire a business attorney/litigator to work on this issue for you to help you recover the funds.

1 Answer | Asked in Business Law for Texas on
Q: partner dies, what is needed on paper work so that the children don't keep getting any portion of the business.

When does his partnership end?

Jaime Victor Papa
Jaime Victor Papa
answered on Feb 9, 2022

If your partner has passed away, I am sorry to the hear that. I am not able to tell by your question, therefore I will provide you with two answers.

1. If your partner has died, and you have not met with an attorney or made an legally enforceable plan prior to his death for such an event,...
Read more »

1 Answer | Asked in Bankruptcy, Business Formation and Business Law for Texas on
Q: Should my LLC be cancelled by administration?

If I receive a notice for a hearing to NOT revoke our "limited sales, exercise and taxes" while having small outstanding sales taxes, would I need to pay them if I'm looking to dissolve my LLC regardless?

We created a company that wasn't profitable and we ended up not... Read more »

Timothy Denison
Timothy Denison
answered on Jan 30, 2022

You will still owe the taxes whether the LLC is dissolved or not.

1 Answer | Asked in Criminal Law and Business Law for Texas on
Q: Hello, Is mere participation in a gifting circle (pyramid Scheme) a violation of TX Business and Commerce Code 17.461

I foolishly believed a friend when he said that participating in gifting circles was not illegal. I only paid money into the gifting circle. I never spoke with, promoted, or recruited anyone into this circle. I am being looked at as a possible suspect for promoting a pyramid scheme. The law... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 25, 2022

To start, please do not tell anyone else, what actions you have done, unless they are an attorney. From what you wrote, Technically, you probably did not commit a crime when you joined the pyramid by tendering money for membership. However, if the police are talking to you or have told you that you... Read more »

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Do I need to get a foreign LLC in order to operate in Texas? Or can I just use the Anonymous LLC in New Mexico?

Question about Anonymous LLC from New Mexico.

If operating in Texas for an at home operated online business, but no items will actually be made in the home. It's a publishing company to have books made by Amazon or print on demand company's.

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 24, 2022

I recommend that you hire a business attorney, so that you are equipped to make the best decision for your business and are protected from liability.

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to file my DBA, can I shorten my DBA name or do I have include the entire name?

ie. The Bakery Shop vs The Bakery Shoppe Cupcakes & Treats

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 12, 2022

Yes, you can shorten your DBA name or use an entirely different name. I often work with clients to help them with this process.

1 Answer | Asked in Business Law for Texas on
Q: I will like to appoint a new director to the board of a delaware c corp and amend bylaws.
Joseph B. LaRocco
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Joseph B. LaRocco
answered on Dec 27, 2021

You have to look at the bylaws to see how and when directors can be added to the corporation. If the bylaws are silent on that matter, it may require a majority vote of shares held by the shareholders to increase the number of directors.

Do the bylaws all for annual appointment of directors...
Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Texas on
Q: Mentor and breached contracts.

I had a mentor that would have me sign contract with “businesses” that were really not real. Not only were they not real but I was paying him upwards of 4000 a month to him. $300 was legitimate as he would meet with me as a mentor. I however have a contract through him with his parents who i... Read more »

Teri A. Walter
Teri A. Walter
answered on Dec 16, 2021

It sounds like you have multiple contracts with this person, and he has multiple assumed names (the business names on the contracts.) If you are not receiving the services you contracted for, you may be due a refund.

As to the car, it's impossible to tell from your description...
Read more »

1 Answer | Asked in Business Law for Texas on
Q: Selling my assets located on my property that is currently rented/leased to a third Party?

Case: Property owner rents out his property but he still has junked machinery on site. He decides to sell the machinery located on the current leased property and he states in the sales contract that all machinery must be removed in 15 days or buyer will have to pay a $500 penalty fee, and was... Read more »

Teri A. Walter
Teri A. Walter
answered on Dec 1, 2021

Lots of things went wrong here. The landlord/seller is trying to impose a penalty on the buyer, without incurring any damages, the Buyer isn't complying with the agreement, and the tenant is interfering in the contract. Buyer needs to pick up the equipment, the tenant needs to get out of the... Read more »

2 Answers | Asked in Copyright, Business Law and Intellectual Property for Texas on
Q: How to prevent theft of a template/its framework for consulting. End result is a customized digital document each time.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 28, 2021

You can start by registering the copyright.

Enforcement will be up to you, via civil courts.

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1 Answer | Asked in Business Law for Texas on
Q: I started a business with another individual, he recently left the business. 3 days later he withdrew $1,875.00 from the

Business PayPal account and will not return the business equipment. What can I do?

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 12, 2021

I recommend that you meet with a business attorney. Be prepared to provided your business attorney with the terms of your operating agreement and any additional agreements between you.

1 Answer | Asked in Business Law, Legal Malpractice and Consumer Law for Texas on
Q: In El Paso, Texas businesses are charging 3% surcharges for using card regardless of how much you spend. Is this legal?

They dont care what card you use, they only go cheaper if it’s cash. Where do I go to dispute these charges. It’s not fair to the consumer that they pass their charges onto me when making payment. I dont want to carry 500-1000 dollars to avoid paying 3%

Joseph B. LaRocco
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Joseph B. LaRocco
answered on Nov 2, 2021

Yes, unfortuantely it is legal in Texas and almost all states. The company does have to post a notice of what they are charging you and the bill should show the charge separately, They can charge up to 3.99%. If you are a very good customer or making a large purchase, ask the store owner or manager... Read more »

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: I have a LLC transportation business but want another business under the 1st business with only a EIN. Steps to take-TX

How do I select the EIN for my second company - would it be new company name DBA as the 1st company name

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 23, 2021

You can file an assumed name certificate to do business under the same entity as your transportation business with a different name. This will allow you to use the same EIN.

One issue with setting up your business in this manner is that if you are sued both your transpiration business and...
Read more »

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