I signed a agreement to start a company. Nothing has been filed/registered/, the business does not yet exist. How do I back out of the agreement? I no longer have the financial assets to start one. My “partner” claims he signed the agreement thinking it was an already existing company. However... View More 
answered on Jun 3, 2021
Honestly? Anytime a person engages in drafting their own legal documents without the aid of an experienced attorney, that person has made a mistake. You should meet with a business attorney now to see what, if anything, you are now facing that will be harmful to you and whether it can be... View More
answered on May 25, 2021
First and foremost, if you are planning on operating a non-profit organization or not-for profit corporation you must file the incorporation documents with the Georgia Secretary of State's Office or your the equivalent in you state. Additionally, you will need to file for the non-profit... View More
answered on May 5, 2021
What is your question? You may have an outstanding warrant, which means you will need to turn yourself in to be arrested and fingerprinted.
In other words, please confirm if an LLC who was properly served with process to the registered agent (who is not an attorney) by court order, needs to hire an Attorney to "Answer" a counterclaim lawsuit as a Third Party Defendant. And please confirm if there is any Georgia State law... View More
answered on Mar 27, 2021
Under federal and Georgia law, a limited liability company must retain an attorney to appear on its behalf and represent it in court.
As always, you should have a confidential discussion with an attorney who can thoroughly explore the facts of your situation, as there is some ambiguity in... View More
looking for info to be self insured for General Liability, workers comp, professional liability, E&O etc
answered on Mar 6, 2021
You really don't want to go there but your state insurance department would be the best place. You will have to post a bond, and you will be responsible for handling all claims and paying all claims.
Note also some companies doing business with yours may want proof of insurance--and... View More
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... View More
answered on Feb 27, 2021
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... View More
how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented
answered on Oct 19, 2020
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... View 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!
answered on Aug 11, 2020
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... View More
Does business profit count towards an the income for the NCP?
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answered on Jul 14, 2020
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
answered on Jul 6, 2020
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... View More
answered on Jun 1, 2020
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... View 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... View More
answered on May 18, 2020
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... View 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?
answered on Mar 8, 2020
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.”
answered on Feb 15, 2020
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... View 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... View More
answered on Feb 4, 2020
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... View More
answered on Dec 22, 2019
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
answered on Dec 12, 2019
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... View More
answered on Dec 2, 2019
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... View More
answered on Nov 25, 2019
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... View 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?
answered on Nov 18, 2019
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... View More
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