Florida Business Law Questions & Answers

Q: I owned a business in Ohio but now reside in Florida. An issue has come up with filing 2017 taxes.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Answered on Jul 12, 2018
Terrence H Thorgaard's answer
For Ohio state taxes, you probably should have an Ohio attorney, but that's a matter the attorney (in either state) can answer. For federal taxes, an attorney in either state should be able to help you.
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Q: Two policies with same insurance company. One under my mother and the other under my step mother. Any issues with this?

1 Answer | Asked in Business Law, Federal Crimes, Health Care Law and Family Law for Florida on
Answered on Jul 1, 2018
Alex McClure's answer
Its unclear what you are asking.

"one under my mother" and "one under my step mother" isnt an industry term. What do you mean by a policy under someone? What type of insurance, for what?

What specifically do you think the potential problem is?

It would help if you re phrase and re post your question.
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Q: Looking for guidance on whether or not filing as a foreign corporation is needed in this case?

1 Answer | Asked in Business Formation, Business Law and Tax Law for Florida on
Answered on Jun 5, 2018
Eric Steven Day's answer
I am not an attorney in Arkansas, however, after looking at the statute, I do not believe he would fall under any of the exceptions in the law. The reason I say this is he would meet an exception if he were paying an independent contractor to do the work for him in Arkansas. However, if he is doing the work himself and he is an officer of the corporation, he cannot consider himself to be an independent contractor.

Q: Is it lawful to run a promotion that the top 10 customers win a prize?

1 Answer | Asked in Business Law and Consumer Law for Florida on
Answered on May 31, 2018
Erik Andrew Perez's answer
It is likely a lawful promo. More facts would be needed in order to provide a clear determination. A rule of thumb is to avoid the appearance of discriminatory or prejudicial practices in a promotion.

Q: I posted my experience with a company I worked for. Can he sue me for defamation?

1 Answer | Asked in Business Law, Civil Litigation, Employment Law and Libel & Slander for Florida on
Answered on May 24, 2018
Terrence H Thorgaard's answer
First, as I understand it they have not sued you, but only threatened to sue. Truth is a defense to an action for defamation; if what you said is correct they cannot successfully sue you. Also, they would have to prove the damages they are claiming. And, of course, until they sue, you cannot sue them with a counterclaim. If they still owe you, they can of course be sued by you.

Q: If I wanted to open up an anti-aging clinic, does a doctor have to own it or can someone without a license own it?

1 Answer | Asked in Business Law and Medical Malpractice for Florida on
Answered on May 17, 2018
Terrence H Thorgaard's answer
You really need to hire an attorney to provide answers to this and any related questions.

Q: I have a Rolex that was stolen, the woman that stole it sold it to a jeweler and dealer. Not a pawn shop, how to gebac

1 Answer | Asked in Criminal Law, Business Law and Civil Litigation for Florida on
Answered on May 16, 2018
Michael Celso Gonzalez's answer
Have you called the police? I have dealt with second hand dealers and they are treated very much like pawn shops under the law which means they need to give you the watch back. They are the ones who assume the risk when they purchase second hand goods not you. Call the police.

Q: Is there anyway to declare bankruptcy without a lawyer? Is it possible for creditors to garnish my wages?

1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Litigation for Florida on
Answered on May 14, 2018
Timothy Denison's answer
Yes, you can file withoutca lawyer but it is not recommended. There are so many nuances and twists to the Code that you need an attorney’s expertise to navigate. Maybe hire one near you who will accept payments. Creditors can garnish your wages only after they file suit against you and get a judgment, not before.

Q: Can advertiser bill me for ad that I did not sign contract for them to place.

1 Answer | Asked in Business Law, Contracts and Small Claims for Florida on
Answered on May 13, 2018
Alex McClure's answer
This will depend on some specific facts regarding representation made by the employee to the ad company. Apparent authority is the concept that allows companies to rely on the representations of an employee of a company regarding business dealings.

It is less important that you know it was a probationary short term employee and more important what it looked like to the ad company when this employee was conducting business.

You should speak with an attorney to go over specifics...

Q: Does a chiropractor in fl have to include techs names and massage therapist or can a dr or chiropractors name plus what

1 Answer | Asked in Business Law for Florida on
Answered on May 2, 2018
Andy Wayne Williamson's answer
If overcharged then dispute the charges or don’t pay. Then defend the case in court.

Sounds like you need to find a new chiropractor office.

Q: Hello. I would like to know if a video games Early Access statement can be considered a contract?

2 Answers | Asked in Business Law, Contracts and Gaming for Florida on
Answered on May 1, 2018
Terrence H Thorgaard's answer
It appears to be a contract, but there may be portions of the full statement which you didn't quote (I followed the link but I don't see the language you quoted) which excludes liability. If the game is in beta and you are only buying the current build, it would indeed seem to be a poor bargain on your part.

Q: On you medical bills for chiropractic services!

1 Answer | Asked in Business Law, Car Accidents, Medical Malpractice and Personal Injury for Florida on
Answered on Apr 29, 2018
Andy Wayne Williamson's answer
Your question makes a little better sense, but still cannot be answered via this forum.

I think that you want to know who legally has to authorize the billing for chiropractic services. I would say most likely the Dr., but he or she does have nurses and assistants that may be authorized to sign off on services being billed.

I doubt that there is any type of price sheet anywhere to be found, each doctor can charge what they want.

Q: Who has to sign Med bills for chiropractic services from 10s unit heat, and massage

1 Answer | Asked in Business Law and Personal Injury for Florida on
Answered on Apr 29, 2018
Andy Wayne Williamson's answer
Sorry, not enough details to answer your question. Try reposting your question with more information.

Q: Where do I file for divorce, I have a Pa legal residence, a business in Ohio, and an apartment there, and my husband

1 Answer | Asked in Business Law and Divorce for Florida on
Answered on Apr 29, 2018
Andy Wayne Williamson's answer
Typically you would file where you have maintained residence for the past 6 months.

Q: If a judgement is ordered for monetary of 10,000 and to post collateral of 260,000 but do not have collateral then what?

1 Answer | Asked in Contracts, Business Law and Collections for Florida on
Answered on Apr 20, 2018
Andy Wayne Williamson's answer
Sorry for your situation. There is no way to say without knowing more details. I suggest that you consult with an attorney from your area to go over the full details and then get specific advice.

Q: Im work in collections in FL and my employer wants me to answer this letter from a CA. atty. im concerned if I should.

2 Answers | Asked in Business Law, Collections and Consumer Law for Florida on
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
You didn't copy the entire letter. What specifically demand that your agency cease doing?

No, you aren't taking the fall; you are doing your job. Answer the letter.

Q: If I own an investment company IBC in Belize under a nominee director and shareholder, am I a CFC? (View details)

1 Answer | Asked in Business Formation, Business Law and Tax Law for Florida on
Answered on Apr 18, 2018
Andy Wayne Williamson's answer
This is way too complicated a situation to be answered via this type of forum. You need to hire a tax attorney or accountant to review this situation and give you specific advice.

Q: My ex was paid all income for 7 yrs from co owned condo / hotel rental agreement/title is in both names.How to recover $

1 Answer | Asked in Contracts, Business Law, Civil Litigation, Divorce and Real Estate Law for Florida on
Answered on Apr 9, 2018
Andy Wayne Williamson's answer
There is no way to answer your questions here on line. You need to consult with a real estate attorney in your area to have the documents you referenced reviewed and then get specific advice.

Good Luck,

Q: What can I do with my employer?

1 Answer | Asked in Employment Law and Business Law for Florida on
Answered on Apr 9, 2018
Andy Wayne Williamson's answer
Yes. You can request copies of your employment contract.

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