Georgia Business Law Questions & Answers
Q: Is there an online resource to search for local/state cases/dockets that were close due to being settled out of court?
Robert W. Hughes Jr.'s answer
If you are looking for something that allows you to search only for matters closed because they were settled out of court, I am not aware of any such list. Each clerk of court has some online access to cases that have been filed in each county. You might be able to search those for cases dismissed, but even that will not tell you why the case was dismissed.
If you are looking for something that allows you to search only for matters closed because they were settled out of court, I am not aware of any such list. Each clerk of court has some online access to cases that have been filed in each county. You might be able to search those for cases dismissed, but even that will not tell you why the case was dismissed.
Q: I was going 74 on a 45 zone, how many points will my license get? This is my first ticket.
William Head's answer
29 over the limit gets you a hefty fine, and 4 points. Depending on the roadway you were on, this may also trigger a GA super speeder ticket, which is a $200 TAX that is assessed by the State of Georgia, AFTER your traffic ticket is resolved.
Hiring a traffic lawyer, who is familiar with your court is your best bet, unless you simply have a lot of free time to deal with this. Plus, you will be unfamiliar with the many options and alternatives that a good traffic ticket lawyer can find....
29 over the limit gets you a hefty fine, and 4 points. Depending on the roadway you were on, this may also trigger a GA super speeder ticket, which is a $200 TAX that is assessed by the State of Georgia, AFTER your traffic ticket is resolved.
Hiring a traffic lawyer, who is familiar with your court is your best bet, unless you simply have a lot of free time to deal with this. Plus, you will be unfamiliar with the many options and alternatives that a good traffic ticket lawyer can find....
Q: What do I need to change LLC corporation from non-profit to for profit - state of Georgia
John W. Chambers Jr's answer
There are technical requirements with which you must comply to file restated articles. If you wish to do this without retaining the services of an attorney, you will need to research and follow the applicable statute. I recommend that you retain the services of an attorney to help you with this matter.
There are technical requirements with which you must comply to file restated articles. If you wish to do this without retaining the services of an attorney, you will need to research and follow the applicable statute. I recommend that you retain the services of an attorney to help you with this matter.
Q: Can a bar owner in ga purchase alcohol in florida and bring it to ga and sell it at their bar?
1 Answer
| Asked
in
Consumer Law, Criminal Law, Tax Law and Business Law
for
Georgia
on
Answered on Jun 1, 2017
Answered on Jun 1, 2017
William Head's answer
Not legally. Each state taxes citizens and businesses on their regulated products that are fueled by addictions. Booze, cigarettes, drugs, marijuana --- are easy targets for legislators to generate tax money.
When you get a regulated product in a less costly state, and bring it here to GA, you violate the tax law.
Not legally. Each state taxes citizens and businesses on their regulated products that are fueled by addictions. Booze, cigarettes, drugs, marijuana --- are easy targets for legislators to generate tax money.
When you get a regulated product in a less costly state, and bring it here to GA, you violate the tax law.
Q: if i have a small business that is an s-corp how do i pay myself? do i write my self a check or set up a wire transfer?
1 Answer
| Asked
in
Banking, Business Formation, Business Law and Employment Law
for
Georgia
on
Answered on May 25, 2017
Answered on May 25, 2017
John W. Chambers Jr's answer
Generally, with an S corporation, if you are working in the business, you would have to pay yourself a reasonable salary and the balance of profits could be distributed to you as the shareholder. You should consult with a certified public accountant or tax attorney regarding your obligations with an S corporation, including the requirements regarding payment of salary and distribution of profits.
Generally, with an S corporation, if you are working in the business, you would have to pay yourself a reasonable salary and the balance of profits could be distributed to you as the shareholder. You should consult with a certified public accountant or tax attorney regarding your obligations with an S corporation, including the requirements regarding payment of salary and distribution of profits.
Q: Can a shareholder/co-owner legally hire their spouse (another shareholder) to do payroll?
2 Answers
| Asked
in
Employment Law, Banking, Business Formation and Business Law
for
Georgia
on
Answered on May 1, 2017
Answered on May 1, 2017
Ray Choudhry's answer
In small companies shareholders do lots of stuff, including bookkeeping and payroll.
As to the power struggle over the corporation, you need to consult a lawyer who can analyze how it was set up and who has what say so.
In small companies shareholders do lots of stuff, including bookkeeping and payroll.
As to the power struggle over the corporation, you need to consult a lawyer who can analyze how it was set up and who has what say so.
Q: Is my case worth going to court for or suing this company to get my money back?
1 Answer
| Asked
in
Business Law, Consumer Law, Health Care Law and Medical Malpractice
for
Georgia
on
Answered on Apr 17, 2017
Answered on Apr 17, 2017
Peter Munsing's answer
I'm hearing they did what was appropriate. You didn't say what the surgery was. If you think you may have a case contact an attorney that offers free consultations.
I'm hearing they did what was appropriate. You didn't say what the surgery was. If you think you may have a case contact an attorney that offers free consultations.
Q: If a business partner was spending the business money on himself and not business expenses what can I do
1 Answer
| Asked
in
Banking, Business Law, Civil Litigation and Contracts
for
Georgia
on
Answered on Apr 7, 2017
Answered on Apr 7, 2017
Jonathan R. Roth's answer
First change the checking account to 2 signatures. cancel all debit cards. Then confront your partner and work the controversy out. If you cannot resolve it then you need to sue him and dissolve the business.
First change the checking account to 2 signatures. cancel all debit cards. Then confront your partner and work the controversy out. If you cannot resolve it then you need to sue him and dissolve the business.
Q: I sent a rude text message using profanity to a customer. I apologized. what can I do at this point ?
1 Answer
| Asked
in
Business Law, Consumer Law and Employment Law
for
Georgia
on
Answered on Jan 22, 2017
Answered on Jan 22, 2017
Paula J. Mcgill's answer
Please provide more information.
If you own the business, you can comp the person.
If you are employed and you are an employee at will, your employer will determine what will happen to you.
However, you have done all you can do at this point by making the apology.
Please provide more information.
If you own the business, you can comp the person.
If you are employed and you are an employee at will, your employer will determine what will happen to you.
However, you have done all you can do at this point by making the apology.
Q: Is it criminal to use a company issued credit card for personal items such as soft drinks or cigarettes?
1 Answer
| Asked
in
Business Law, Criminal Law and Employment Law
for
Georgia
on
Answered on Jan 22, 2017
Answered on Jan 22, 2017
William Head's answer
On several levels, YES, this can be a criminal offense, when the charges were not authorized or approved by the card holder, who had entrusted the person to ONLY use it for company business. Many reported criminal cases can be found in the news where an employee of a public or private university, or a City or State Governmental agency used his or her business card for personal bills and expenses. Plus, this can be considered to be INCOME, for IRS purposes, and this could be additional charges....
On several levels, YES, this can be a criminal offense, when the charges were not authorized or approved by the card holder, who had entrusted the person to ONLY use it for company business. Many reported criminal cases can be found in the news where an employee of a public or private university, or a City or State Governmental agency used his or her business card for personal bills and expenses. Plus, this can be considered to be INCOME, for IRS purposes, and this could be additional charges....
Q: I have been working with a patent company for 5 years that keeps saying companies are interested, is this legit
Peter D. Mlynek's answer
First thing first: did you really get a patent or did they just file a patent application for you? I mean, did they send you by US mail a bound original patent with a red ribbon on it?
If yes, then there is no reason to keep paying them. Market your product yourself.
First thing first: did you really get a patent or did they just file a patent application for you? I mean, did they send you by US mail a bound original patent with a red ribbon on it?
If yes, then there is no reason to keep paying them. Market your product yourself.
Q: Is there certain laws that a funeral home has to go by when it comes to showing a body when it has only been embalmed.
1 Answer
| Asked
in
Business Law, Criminal Law and Personal Injury
for
Georgia
on
Answered on Sep 21, 2016
Answered on Sep 21, 2016
Peter Munsing's answer
Depends what was covered and not. There would be a Funeral Directors Assn best practices &/or code of ethics that would or should cover that. As to any possible action, I wold suggest you contact a member of the Georgia Trial Lawyers Assn in your area--they give free consultations.
Depends what was covered and not. There would be a Funeral Directors Assn best practices &/or code of ethics that would or should cover that. As to any possible action, I wold suggest you contact a member of the Georgia Trial Lawyers Assn in your area--they give free consultations.
Q: In GA. If a person has an interest in an LLC and has to declare bankrupcy in another company, does he lose the interest
Paige Kurtz's answer
More information would be needed to fully answer this question. If you are filing a business bankruptcy (for an incorporated entity), then officers and shareholders personal holdings in other companies are unlikely to be relevant. If you are filing a personal bankruptcy for a company that is a sole proprietorship, then any assets of the person are assets of the bankruptcy estate.
More information would be needed to fully answer this question. If you are filing a business bankruptcy (for an incorporated entity), then officers and shareholders personal holdings in other companies are unlikely to be relevant. If you are filing a personal bankruptcy for a company that is a sole proprietorship, then any assets of the person are assets of the bankruptcy estate.
Q: Roof leaking. What is a roofing company held liable for. Damages and illnesses from mold?
1 Answer
| Asked
in
Business Law, Personal Injury and Consumer Law
for
Georgia
on
Answered on Sep 6, 2016
Answered on Sep 6, 2016
Peter Munsing's answer
Contact a member of the Ga. Trial Lawyers Assn who handles housing construction issues. They give free consultations.
Understand that 1) any mold case is difficult because you have to show the persons symptoms came from mold and nothing else; 2) if you didn't ask the company to fix it they may have a defense. Until a GaTLA lawyer looks at it no one can tell you what you can hold them for.
Contact a member of the Ga. Trial Lawyers Assn who handles housing construction issues. They give free consultations.
Understand that 1) any mold case is difficult because you have to show the persons symptoms came from mold and nothing else; 2) if you didn't ask the company to fix it they may have a defense. Until a GaTLA lawyer looks at it no one can tell you what you can hold them for.
Q: Hello, What does it mean when a attorney says that a company made "good faith"
David Alan Wolf's answer
The term "Good Faith" can have many meanings. It also depends on who is making the comment that something was done in "Good Faith". In some cases, a judge or jury ultimately decides if the conduct, action or request of one part was done in "Good Faith".
The term "Good Faith" can have many meanings. It also depends on who is making the comment that something was done in "Good Faith". In some cases, a judge or jury ultimately decides if the conduct, action or request of one part was done in "Good Faith".
Q: Is it legal (in GA) to use a former employer's company and personal name in advertising, without permission?
1 Answer
| Asked
in
Business Law, Contracts and Employment Law
for
Georgia
on
Answered on Mar 10, 2016
Answered on Mar 10, 2016
Mr. Michael O. Stevens' answer
If she is only using it to discuss her work history and qualifications, and assuming it is factual and true, then there is no real issue. This is even if your company name was trademarked (your company name can only be trademarked, not copyrighted, but your logo could be copyrighted). But, if she is using it more than just as a resume-like list of prior employers, then you could have a trademark issue, if you even have a trademark (or service mark). If they are using your logo, then you could...
If she is only using it to discuss her work history and qualifications, and assuming it is factual and true, then there is no real issue. This is even if your company name was trademarked (your company name can only be trademarked, not copyrighted, but your logo could be copyrighted). But, if she is using it more than just as a resume-like list of prior employers, then you could have a trademark issue, if you even have a trademark (or service mark). If they are using your logo, then you could...
Q: What is required to commercially deliver gasoline in Georgia?
Robert Jason De Groot's answer
You probably think that this is just a basic legal question, but it is not. It would require a bit of research most likely, and that you simply cannot get without paying an attorney.
You probably think that this is just a basic legal question, but it is not. It would require a bit of research most likely, and that you simply cannot get without paying an attorney.
Q: How Hard or Easy is it to add a Member to our LLC? Here in Atlanta, Ga.
Adam Studnicki's answer
Talk to a local lawyer, who can review your operating agreement and advise. Also, make sure everyone understands the tax consequences, if any. It's a good idea to talk to a CPA, too.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive...
Talk to a local lawyer, who can review your operating agreement and advise. Also, make sure everyone understands the tax consequences, if any. It's a good idea to talk to a CPA, too.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive...
Q: Can I pursue a career as a lawyer if I have misdemeanor domestic violence charges?
Charles Snyderman's answer
The Georgia Office of Bar admissions publishes its requirements online, and you should read them to see whether you qualify.
The Georgia Office of Bar admissions publishes its requirements online, and you should read them to see whether you qualify.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
