Ashley Dean Powell's answer There may be potential claims here that you could have pursued. As you may well know, most civil claims/disputes like this have a deadline by which the claim must be brought in court (a "statute of limitations"). Given that the business was started 12 years ago and the relationship appears to have failed (you walked away) about 8 years ago, you may have lost your opportunity to sue for these claims. Presumably, most of the wrongdoing occurred before and leading up to you leaving 8 years ago,...
James Alan Greer's answer Dear LLC Lessee: It is standard practice for a Lessor to require a Personal Guarantee ("P.G.") from the Members of an LLC. The reasoning from a Lessor's standpoint includes the primary concern that an entity (an LLC, for example) can breach a Lease by simply winding down and dissolving, thereby leaving the Lessor with no manner of collecting lost rents. You asked if your LLC still offers protection if/when the two Members sign a P.G. - no, clearly the P.G. negates the personal property...
D. Mathew Blackburn's answer First off you can be sued for pretty much anything so I'd answer that with a yes. Whether there's a viable claim is another story. The fact that the potential plaintiff doesn't really have a case won't stop them from filing suit and forcing you to go through the legal process of proving they don't have a case.
The first analysis is what was agreed to and what were the terms? Was there an agreement at all? If there was a agreement were there damages?
John Roland Lund's answer Your option to renew is an enforceable contract right. So long as you have complied fully with the notice requirements and are not in default on the lease, it is your unilateral right to renew at the rates set by the lease.
If your position is valid then if you remain past the end of the current term the landlord would have to file a lawsuit and seek an order of eviction. But if you have validly renewed the lease then you should be able to defeat that eviction action.
Kevin E. Flynn's answer I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.
You may want to Google around to see if others have dealt with this issue or seek help from the folks that will provide the software solution to replace Agemni.
D. Mathew Blackburn's answer It would a county court case which has jurisdictional authority on cases between $7,500 and $15,000. You would have to determine venue (Which county to file in) under the court rules. Generally you would sue everyone that did not fulfill their obligations under the contract. In this situation it may be the finisher only or the finisher and the contractor.
You should look for an attorney, county court is complex.
D. Mathew Blackburn's answer Generally the best approach is to register in the state of operation. Also be aware you will pay income taxes to CO regardless of where you set up the LLC because an LLC is a passthrough entity and you are a CO resident.
You need to retain a business/tax attorney that can advise you on the legal and tax ramifications of not only where to set up the LLC but also state sales and income tax nexus.
D. Mathew Blackburn's answer The developer, even though he wrote the software, would not be able to sell it without a license. This assumes the S-Corp owns the software either as a contributed asset or as work for hire. The judgement holder would likely seek a writ of garnishment to seize the rights to the software then sue the developer for infringement. If the developer want the software he would need to buy it from the S-corp at fair market value. If it's distributed to him or sold for less than FMV it would be...
D. Mathew Blackburn's answer You can absolutely draft your own contracts for your business without an attorney. It's not a good idea but you can do it. What is illegal, unauthorized practice of law, is to advise others on the legalities of contracts.
Regarding enforceability of the contracts you write is an entirely different issue. You're going to do the best you can and you're taking your chances that you're just as good as or better than someone who studied law for three years, passed the bar exam, and then...
Even if it were illegal it would be prosecuted by the county attorney for a criminal act, or more likely the Dept. of Regulatory Agencies (DORA) for a regulatory violation. She has no private right of action to sue you for mistaken advertisement.
The question should be what are you putting your kid's name on that it's ending up on this list.
D. Mathew Blackburn's answer It's going to depend on the contract and whether they followed state funding laws whether you can get out of the obligation or get any money back. Let me know if you'd like to setup a consult and we can discuss costs and options.
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