Never did Bill of Sale, only an asset purchase agreement. They breached multiple items of the sale agreement. Have asset sale agreement and employment agreement with Buyer. They changed me from 20 hrs/week salaried manager to hourly worker as needed and haven’t given me any work in two weeks... Read more »
It depends. Both Georgia and Pennsylvania courts will enforce valid restrictive covenants. Generally, to be enforceable, non-compete agreements must be reasonable as to time, geography, and activities restricted. In addition, courts are generally more tolerant of broad restrictions in a non-compete... Read more »
how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented
The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another... Read more »
I already received an EAD. What should I proceed? Do I need an LLC? Can I hire someone (with my immigration status stated above)? Thank you!
The employment authorization document (EAD) issued to you by USCIS authorizes your lawful employment while you await the adjudication of the FORM I-485. You can register an LLC if you are able to fulfill all of the state requirements of the state where you intend to operate your business. You can... Read more »
Does business profit count towards an the income for the NCP?
Yes business profit counts towards income.
made he is now using our company name We want him To quit using our name and company name
As I understand your question, you and your husband owned a business together and you gave him back some money he had given you. Was the money he gave you a payment for your ownership interest in the company? Was there an agreement signed? If you were given a check or a cashier's check, did... Read more »
Self defense can be used to defend property in limited circumstances.
Code § 16-3-24 (2018)
(a) A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such... Read more »
I own a home in Alpharetta, GA, I believe transferring ownership from myself to an LLC I own would allow the LLC to expense mortgage payments and Repairs & Maintenance costs as a cost of maintaining the property for tenants. I also believe the LLC could capitalize costs related to capital... Read more »
Yes you technically can, but it doesn't work. You end up netting if it works out well and you have to defend it in an audit. It always ends up being net taxable when the IRS recalculates the FMV of the rental.
Once you run all the numbers it's comes out that you create tax out of... Read more »
I’m in the military and they don’t let me in bc I’m not in the college but I’m of age, do they have the right to turn me away?
Yes, they can turn you away under these circumstances.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
Are they talking about my name or the LLC name on its paperwork?
Here are the details:
“ Individuals or entities may only register as IBOs using legal names. An IBO cannot be signed up or registered with a fictitious business name.”
If you cannot understand what this very simple language means you really should employ a small business lawyer before you get yourself into real trouble. Answer: You can ONLY use your REAL name--or the REAL name of your LLC, or the REAL name of a corporation, or partnership, or limited partnership... Read more »
Before I joined my company, they signed a multi-year service agreement with an Internet Service Provider that I think we should no longer use. When looking at the early termination terms, we would owe over $7,000 for the remaining 23 months. So, in an effort to not cancel service but change... Read more »
Possibly. It's difficult to analyze without the details. It may not let you out of the contract entirely but you could likely get some credit of offset.
I did work on a deadline for a new person. We agreed to pay me a certain amount per apt I was to clean and then $1200 for painting and apt. I did the work all before Thanksgiving and they said they would pay me the total is $2200 I have all convos back and forth and now they say they feel the work... Read more »
If you don't agree with their terms the next step is to file suit for breach, fraud, whatever's applicable.
My file is now in the office of the bankruptcy trustee... I don’t understand.. the two are not connected.. is there anything I can do? I’m on disability due to multiple medical challenges and would love to have a little bit of light in my life before ... well.. I go
It is best to contact a bankruptcy attorney for assistance.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
Small claims case is scheduled for default hearing on 12/26, AFFIDAVIT OF SERVICE filed 07/01 appears to be fraudulent. What to file to remove default and allow to counterclaim? Defendant learned about the case after 30+15 days ellapsed, filed on 10/16 Opposition to "Request for Default... Read more »
You need to contact an attorney As Soon As Possible. More information is needed to provide you with an accurate answer. There are defenses available to you.
We are glad to assist you. Contact us today. I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
I took pictures with my local senior photography company because I was not able to attend the school picture day due to work. I digitally signed a contract at the studio when I went in person, however, I don't recall reading the part where it asked specifically for a parent/guardian to sign. I... Read more »
Can't hurt to send them a letter stating the signatory was under age and the contract is void. They still have a claim under quantam merit (Google it) for services rendered but if you never requested the packet you have a solid defense there as well. Then you can file a complaint with the... Read more »
We will have at least 40% of total HOA members signing. Is that total good if we are considering the total of number of members who decide to vote at all vs. total number actual HOA members?
Your HOA’s bylaws and covenants should provide guidance on this matter. If it does not contain the information, it may be best to speak with an attorney about the specifics of your case.
We have expanded our practice area, and we are glad to assist you. Call us today.
-The Upshaw... Read more »
We will have at least 40% of total HOA members signing. Is that total good if we are considering the total of number of members who decide to vote at all vs. total number actual HOA members?
It is best to refer to your covenants and/or bylaws; it should contain the rules about this topic. If your covenants and/bylaws do not contain the information, it may be best to consult an attorney who can assist you with the specifics of your case.
-The Upshaw Law Firm, (770) 240-0922.
Prohibitum per se laws make things illegal for no reason other than the dictates of the state.
The manager of our company used our company's money to buy houses, use his private name for contract and HUD, than contribute these houses to the company in the same day. Looks very uncomfortable. Is that break the law?
It depends. An attorney would have look at the details here. At first blush, I though that the transaction you were describing was criminal. After reading that the manager contributed the houses back to the company, the transaction seems less sinister. As far as hud goes, that is another... Read more »
my only income is my social security - can that be garnished?
No.
Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from garnishment, levy or other withholdings by the federal government, except:
To enforce child support and alimony obligations under Section 459 of the Social Security Act (42 U.S.C.... Read more »
To answer under your own name no, you have a constitutional right to defend yourself.
For the company yes, unless you're a GA licensed attorney you cannot defend the company. In certain circumstances the Court can waive that requirement. I would call the Clerk and ask.
Having... Read more »
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