The deceased person never fulfilled their obligation, and we signed a contract. She was the sole owner of the business and the probate process has just been initiated by her husband. The administrator has been assigned yet either. Could I still sue her business and her estate in small claims court?
The short answer is no - because there's no one alive to sue, and until someone is appointed to represent her estate, there is no one with authority to act for her. Once some one is appointed as executor or administrator, you can make a claim against the estate, and sue the executor or... Read more »
I want to start a clothing business and I have celebrities on some of my clothing. could I get sued? if so how could I get around that? If I still decide to proceed with this particular design should I file for an LLC?
Hi there. Unfortuntely there is not a clear yes or no answer to your question without more information. It depends on how the celebrities are portrayed and if your products fall under fair use or satire exceptions, among other things. You should speak with a Texas trademark and copyright lawyer to... Read more »
Hello!
I want to convert my marketing business into a nonprofit organization.
My mission is to utilize economic development to improve the conditions of local communities, creating successful small businesses that give back to the community.
That mission is obviously... Read more »
If you want to hold yourself out as a non-profit, then yes, you must be a non-profit. To become a non-profit, you must (1) create an entity with the Secretary of state and (2) file a 501(c)(3) application with the IRS. You cannot do this without an attorney and/or a CPA. Try to find an attorney who... Read more »
My trademark application is live and pending yet I recently realized someone with a similar name like mine, they just changed the last letter on the word, so instead of Y they replaced it with an E. So can I send a cease and desist even though my application is pending yet live? The other company... Read more »
The use of a mark which is similar in sight and sound used for similar goods and or services is infringement. Is the other mark used for sale of similar goods and or services?
Multiple dealerships locally offer “guaranteed financing” stating that there is no credit check, “your job is your credit”.. my ex wife ruined my credit. So when I needed a replacement work truck I went to several of these type of dealerships. Just for them to run my credit and turn me... Read more »
The State of Texas is unique in that there is a division of the Attorney General's office that handles consumer protection issues. I would contact them.
I'm an insurance agent hired as a 1099. I formed the LLC w/ S corp tax designation, but my agency can't pay my LLC unless it is licensed with the state. That requires I carry a 500k E&O policy, which costs approx. 1k/yr. Would I be able to deposit checks made out to my name into... Read more »
I don't see any reason why you could not do this provided you 1) ensure your salary is reasonable based upon fair market comps 2) issue yourself a W-2 at year end 3) pay estimated payroll tax payments monthly (or bi-monthly depending on how often you are paid...ask an accountant) 4) file 940s... Read more »
I work for a technology recruiting company in Texas. One of the Managing Partners discriminates against potential candidates based on national origin (Indian nationals, specifically, but I have also witnessed discrimination against African-Americans and people of Asian decent). I feel he is a... Read more »
You should report the discriminatory actions of your boss to the Human Resources Department in writing. The HR department should then do an investigation into your complaints. The company, including the Managing Partner, is prohibited from retaliating against you for complaining about and... Read more »
I have hospital lien this lawsuit lasted 6 years personal property injury insurance paid but the collection agencies not take off my credit reports but hospital one been paid I've asked called tired calling asking them I told them all they have 5 days they said they will not be removed 6... Read more »
A Texas attorney could advise best, but your question remains open for three weeks. This could be a difficult matter because the bills appear to go back a number of years. Based on the information, it's difficult to say why the bills went into collection - was it coverage issues, medical... Read more »
under the company am I liable for any law suites that might happen
Yes.
My roommate wants to start a gym out of our garage
A Texas attorney could advise best, but your question remains open for two weeks. As a GENERAL matter, it could depend zoning laws, municipal ordinances/codes, and other possible regulations or community guidelines. It sounds like the property is yours, but if you rent, the terms of a lease could... Read more »
I want to start an online yoga studio that provides live classes and video library of the recorded live classes. For this, I plan on working with yoga teachers from around the world.
My question is, can I form my business as an LLC and hire them as independent contractors to provide me... Read more »
Yes.
A business can tap into sub-contractors' labor and may solely rely on sub-contractors. It signifies that you do not have much control over their work. A good overview of what factors would be considered an independent contractor v. employee can be found here-... Read more »
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
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 »
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 »
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
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!
Did you sign an agreement for that fee?
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 »
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.
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
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 »
I need to refile this in the Texas Secretary of State.... I need Instructions how to transfer this into the UCC Financial Filing Dept.
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.
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 »
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 »
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 »
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