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Texas Business Law Questions & Answers
1 Answer | Asked in Business Law, Car Accidents, Civil Litigation and Small Claims for Texas on
Q: Can a tow company keep my car for Sunday and charge me for it because they aren’t open?

He told me they close at 4 on Saturday and closed on Saturday And open at 8:30 Monday but I read online they have to be open 8 Monday and till 5 on Saturday and open Sunday

Tim Akpinar
Tim Akpinar answered on Jul 7, 2020

A Texas attorney could advise best here, but your question remains open for two weeks. As a GENERAL matter in most any jurisdiction, the answer is generally yes. Such facilities, as a policy, do not suspend accrual of storage fees on Saturdays and Sundays. A Texas attorney could advise more... Read more »

1 Answer | Asked in Business Law, Copyright and Products Liability for Texas on
Q: Is it legal to repackage alcohol into smaller bottles and sell those without any license? And ship across state lines?
Tim Akpinar
Tim Akpinar answered on Jun 27, 2020

A Texas attorney could advise best, but your post remains open for five weeks. Until you are able to arrange a consult with an attorney who handles such matters, you might be able to research some of the free resources of the USPS, in terms of their conditions and limitations for various solid and... Read more »

1 Answer | Asked in Consumer Law, Employment Law, Business Law and International Law for Texas on
Q: I want to use a Lebanese artist to create and sell graphic designs. Am l allowed to hire him? We'd need PayPal.
David Luther Woodward
David Luther Woodward answered on Jun 4, 2020

Where is the artist?

You ask a question that needs more detail.

Are you going to pay hourly? piece work? project work? or whatever.

Where does he work? Do you provide the supplies.

Go see an immigration lawyer and an employment lawyer.

Good Luck

d

1 Answer | Asked in Banking, Business Law and Tax Law for Texas on
Q: Is it legal for a CPA to charge my small business a 10% fee for filing ppp loan application?

We did not sign an agreement. The CPA did not mention any fees until after we got the loan & he sent an invoice for $9,000!

D. Mathew Blackburn
D. Mathew Blackburn answered on May 2, 2020

Did you sign an agreement for that fee?

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Texas on
Q: Post recipe

I can figure out recipes (may be or may not be true) of manufactured food products by using publicly available ingredients lists and my algorithms. I want to post them on my website and then rate products and review them - whether I find them healthy, safe, etc based on their ingredients amounts... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.

1 Answer | Asked in Business Law for Texas on
Q: is there anyway we would be granted permission to selling this product?

We did not realize there was a patent on this product and we started selling it on amazon but quickly got shut down. We are wondering if there is anyway we would be allowed to sell this product

Barbara Berschler
Barbara Berschler answered on Apr 30, 2020

You would need to contact the owner of the patent to see if they would license you to make such sales. However, before doing so, I recommend that you consult an attorney familiar with the kinds of businesses which deal in such a product so you can get a read as to whether a licensing opportunity... Read more »

1 Answer | Asked in Business Formation, Business Law and Securities Law for Texas on
Q: How do I obtain a copy of my public record in Walker County Texas; Doc no. 00025169 vol no 01248 page no. 00354?

I need to refile this in the Texas Secretary of State.... I need Instructions how to transfer this into the UCC Financial Filing Dept.

Tri Minh Nguyen
Tri Minh Nguyen answered on Apr 29, 2020

The recording information looks like it's a real property recording. You can pull the information here:

https://walkertx.search.kofile.com/48471/Home/Index/1

Good luck.

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: How do I file a SS4- Application for a EIN by Fax/mail?
Tri Minh Nguyen
Tri Minh Nguyen answered on Apr 29, 2020

Hello. You can now file the SS-4 application online. Have you tried this yet? This process allows you to receive an EIN immediately. https://www.irs.gov/businesses/small-businesses-self-employed/employer-id-numbers

Here's the fax info:

Internal Revenue Service

Attn:...
Read more »

1 Answer | Asked in Copyright and Business Law for Texas on
Q: Post formulas

Certain foods have its ingredients listed in a specific order. Based on that I created an algorithm that can calculate ingredients percentage in a formula (that may or may not be different from the manufacturer’s). Can I post my calculations on my website (of course I will mention that these are... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 29, 2020

The question you pose could cover several areas of intellectual property. For example, a trade secret is not violated if you figure it out without violating a legal obligation to keep the secret. I assume you have no contract of non-disclosure with the manufacturer. If you can figure out the... Read more »

1 Answer | Asked in Bankruptcy and Business Law for Texas on
Q: My small business has a suit filed against it by a bankruptcy court for a payment I never received.

A client who owed me money for services already rendered apparently filed bankruptcy. This client claimed to their trustee that post filing, they had paid me for the services rendered. Subsequently, a suit was filed against my business for the funds. The problem is, these funds were never paid... Read more »

Timothy Denison
Timothy Denison answered on Apr 15, 2020

Burden of proof is on the claimant. He has to prove he paid you. He needs proof and his word won’t do.

1 Answer | Asked in Banking and Business Law for Texas on
Q: Can a bank put a minumum limit on a govt loan? I called other banks and no one else has a minimum limit on the PPP loan

I tried to escalate the question with my bank and recieved no response. I believe they are unlawfully applying rules to prevent small buisnesses from applying for the loan. A manager friend at Bank of America informed me there should be no minimum limit. I also called another bank down the street... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2020

All banks are different; and many of the larger banks will not fool around with tiny business loans. Why? Because it costs them the same amount of money to do all the paperwork for tiny loans as it does for larger loans. Keep calling, primarily to the smaller banks in your area.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Trademark for Texas on
Q: How are business owners split? If we have a trademark with three owners how do we know who is the main owner?

Puffington is the trademark, Ernest nornie(one of the owners) has gone astray and moved and is trying to take the whole business... how do we counter that?

Tania Maria Williams
Tania Maria Williams answered on Feb 10, 2020

I am not licensed in Texas and can't give legal advice on the non-federal law portion of the question. However, regarding the trademark, it depends on who is the registered owner and what the operating agreement for your business says. If the company owns the mark, instead of a particular... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Employment Law and Workers' Compensation for Texas on
Q: What is the law (if any) on lunch breaks or any breaks at all during long shifts exceeding 8-10 hours.

I work for a company called "Painted Tree". It became clear to me after my first day that they do not give you a lunch break, or any breaks at all (aside from the manager telling me when i started that I can grab a water or a piece of candy if i need it). What's really difficult is... Read more »

Gregory L. Ahlgren
Gregory L. Ahlgren answered on Feb 6, 2020

It depends on the specific situation, including the city where the work is being performed.

1 Answer | Asked in Business Law, Copyright and Trademark for Texas on
Q: I came up with a slogan for my dads company, unaware another company was using it first w/o TM, can we legally TM it?

I asked this question about 5 days ago, but got no answer. I came up with a slogan for my dads company, and even bought the web domain for it, but later found out another organization had been using it first, by sheer coincidence. They don't have it trademarked from what I can tell, so can I... Read more »

Tania Maria Williams
Tania Maria Williams answered on Feb 3, 2020

Trademark rights are based on use and a person does not have to register their mark with the USPTO to have common law rights in the mark. Because of that, the other organization's use may be paramount to yours in the jurisdiction where they have been using it even though you won the domain... Read more »

1 Answer | Asked in Bankruptcy and Business Law for Texas on
Q: In TX if file bancruptcy 7 will they sell my shop's equipment?

I am living on ramen, bypassing medical, letting people go, in order to keep that place open. I was told by someone that I should file for bancruptcy because would be same initial hit to my credit score if I did debt consolidation/settlement....but if they take and sell my mechanic shop's... Read more »

Timothy Denison
Timothy Denison answered on Jan 24, 2020

Depends on the fair market value of your tools and equipment and your state or federal exemptions. You should consult a competent bankruptcy lawyer who can examine your complete financial situation.

1 Answer | Asked in Criminal Law, Tax Law, Business Formation and Business Law for Texas on
Q: How does a non-profit change leadership and what happens to the EIN when a new owner comes and the old leaves?

I am the founder of a Texas non-profit corporation (Corporated in the State of Texas) and also Chairman/CEO. I applied for the EIN being used under my own info (Name, SSN) on the IRS site. I’m stepping down completely from operations due to conflict of interest with the board and need help in how... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

Non-profits don't have owners. They a board of directors and officers. When you applied for the EIN you listed yourself as a responsible party that can be changed by filing a form 8822-B or by filing Form 990.

You can't establish a non-profit under your SSN so you may have an...
Read more »

1 Answer | Asked in Immigration Law, Real Estate Law, Business Law and Gov & Administrative Law for Texas on
Q: Hi, I've been deported twice from the U.S , I was under age both times.. (Check more information plz)

Hi, I've been deported twice from the U.S , I was under age both times, because I went with my parents. Let's say I start a company, and it goes very well... I mean multi-billionaire company, and I want to open a subsidiary company there, is there a chance for the immigration to approve it?

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

Not enough information. If the most recent entry was after April 1, 1997, then you may be subject to INA 212(a)(9)(C). If the most recent entry was before April 1, 1997, then you aren't subject to that section. Also, if the second entry was with inspection, you might not be subject to 9C.... Read more »

1 Answer | Asked in Business Law for Texas on
Q: Hello, I am starting a skateboard company and was wondering if it is legal to derive an image of a popular character?

When I say derive, I mean say there is a movie I like, and I wanted to use elements of said movie for my own design. not including the name of the movie or even the face of the character from a movie. its just clear that the image is derivative of said movie. Example: a woman with a chainsaw hand... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 12, 2019

I'm sorry your question remains open for a month. You could try reposting in Intellectual Property and its related categories; it could have better chances of being seen by attorneys with insight in these issues. Good luck

Tim Akpinar

1 Answer | Asked in Business Law, Civil Litigation and Criminal Law for Texas on
Q: I want to raise money for a charity organization I volunteer for. Am I allowed to go out on campus (I attend UT Austin)

And play my guitar and sing to try and raise money? Is that illegal? Is it illegal to do so in any public area in Austin?

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 15, 2019

If you attend UT, then ask the office of the dean of students or whichever office is in charge of all those activists on the West Mall.

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Texas on
Q: Do I need to hire a lawyer?

I hired a contractor to build a driveway for a property my brother owns. After going back and forth I have asked him to finish the driveway by supplying more rock. I still owe him $4800 which I am refusing to pay until the job is finished. He dug the drive to deep and did not put enough rock in... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

That's a decision that's up to you. If the two of your bring lawyers into the fray, between the two of you, you could easily chew through your amount in dispute of $4,800 between intakes, document reviews, drafting summons and complaints, answers, depositions, hearings, etc. And you could... Read more »

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