Get free answers to your Business Law legal questions from lawyers in your area.
My ex-spouse recently passed away. I am his life insurance beneficiary. The policy was taken out before our marriage. Am I entitled to the benefits? I live in Pennsylvania
answered on Jun 7, 2017
If you are the named beneficiary on the life insurance policy, you are entitled to the benefits.
A volunteer group will be walking around door to door to advertise the event. We are not selling anything. We have flyers and other paper materials that we will be handing out to spread the word.
answered on May 30, 2017
The answer to this question depends upon the county where you will be distributing the flyers. Even though you are not selling anything, the township may deem that handing out the flyers is a form of soliciting contributions, and there are townships that require permits for such an activity.
from landlord it was back in 2015 july i got sick with cancer
answered on May 15, 2017
It is difficult to give you a completely accurate answer without reading the lease, but I think you should send a letter to your old landlord, certified mail, return receipt requested. Most leases will provide that the landlord has to return the security deposit within a certain number of days, or... View More
In his reply, the defendant engages in dishonest conduct, obstruct the discovery process and make a series of lies.
I have clear evidence for it.
How can I claim a default judgment? To whom to address such a request?
answered on Apr 20, 2017
You cannot obtain a default judgment after the defendant had answered your complaint. If the facts are clear, you can move for summary judgment as a matter of law based on documents and affidavits.
He created a product that the truck drivers use at the logistics company he works for. His immediate supervisor did not want to pay him on the clock to produce it. My husband produces them at home and his supervisor purchases them from him via ebay. The company is nationwide, and several other... View More
answered on Apr 19, 2017
I do not represent you and do not know all the facts, but it sounds like this was a "work for hire" and that the company he worked for owns the rights to it. However, he could approach the company and see if he is able to sell to others. It sounds like he has a strong position in being... View More
" Last Name" Hot sauce or salsa. Do I need to get this trademarked to sell? Or I'm I allowed to start selling this online since its my last name and the word Salsa or Hot sauce.
Thank You
answered on Apr 19, 2017
You do not need to have a trademark to sell. However, the federal trademark does protect the name so others cannot come in and copy it. I would also recommend that you copyright your recipe for the sauce. Good luck!
answered on Apr 16, 2017
Since Pennsylvania is not a community property state, your spouse is not liable for the debts of the sole proprietorship. However, if you have a joint bank account, the creditor could go after 50% of the account.
my husband and I had a personal chapter 7 bankruptcy discharge in 2014. I own a small sole proprietorship and may possibly be sued, can I file another bankruptcy? we have no real assets except a small joint personal bank acct, can that be taken? we are in the state of pa
answered on Mar 31, 2017
No you cannot file a new bankruptcy. If the claim pre-dates your bankruptcy, you may be able to reopen the bankruptcy. You may be able to file a state receivership, a state form of bankruptcy but need to speak to local counsel. Those are usually handled by bankruptcy attorneys.
My franchiser charge me worker compensation insurance on my annual sale income just after sale commissions . I have no employee at all. My franchiser's head office is in Huston, TX but the actual business location is in Pittsburgh, PA.
answered on Feb 28, 2017
It is possible that this charge is to provide the franchiser with coverage in case you are injured and attempt to pursue a workers' compensation claim against them. You would really have to review your franchise agreement and potentially talk to the franchiser's office to determine why... View More
My husband became and agent in around 2006 and is still an agent. We are going through a divorce and he says I'm not entitled to anything concerning his agency. Is this true?
answered on Feb 21, 2017
How is the agency set up? Is it an LLC? A sole proprietorship? Have you requested and received the documents that demonstrate what his relationship is with State Farm and how his agency "operates?" You need to contact a divorce attorney who can discuss this issue with you further;... View More
The league is a non profit softball league. If my husband does their shirts am I able to sit on their board in a executive position, secretary?
We paid our taxes last year and they were refunded back to us and told our mortgage co pd them. We do not have an escrow acct. so i called the mortgage co and they said they would not do that and didnt pay for us. Quite a mystery. A year later we get a package in the mail from a company we never... View More
answered on Feb 8, 2017
Depends who they are. There are two theories--one is called "unjust enrichment" and the other is called "volunteer"
See if a friendly local attorney will look at the documents and figure out your legal responsibilities. Morally, most would say clearly they didn't... View More
Commercial Tenant moved out before lease ended. Landlord is suing tenant for breach of lease agreement. However.. 1 month after tenant moved out landlord submitted an application to the borough for a new zoning permit to put another type of business in the building along with an application to the... View More
answered on Dec 2, 2016
Unless the lease indicates that the landlord's application to change the use of the premises causes a default or termination of the lease (which is unlikely), it is doubtful that a court would hold that the tenant is not responsible for the remainder of the lease merely because of the... View More
I worked for a company and was laid off. I took severance and their re-hire policy says I can never come back to the company. Since then the company has now split into 2 companies. I have friends that work for the new company and all of them had to accept a new offer letter. I recently applied... View More
answered on Sep 21, 2016
The policy as a whole sounds very strange. However generally an employer can only be held responsible if they don't hire you because of race,gender, religion, ethnicity etc. Consult a member of the Pa.
Assn for Justice who handles employment issues--they give free consultations.
answered on Sep 19, 2016
The non-profit statute requires that there be a board of directors. If they are the first incorporators all must sign the Articles of Incorporation.. They must be named at the end. The first bylaws should also be signed by the incorporators as they are acting as board members.
Best thing is... View More
Wife went to sign up for a $25 yoga class and high pressure salesman has her sign a contract for $540 per month for 3 months. She calls within the hour to cancel, sends an email and finally a registered letter within 48 hours return receipt requested, stating that she wants to cancel. She never... View More
answered on Sep 18, 2016
Should be. File a complaint with the attorney general's office of consumer protection.
The full amount is more than double of the equipment. Has only been a month and I just realized this. Why should I pay all the interest of I'm not going to finance it now and just want to pay them off?
answered on Aug 23, 2016
Offer to buy it? You really want to speak with an attorney who handles these issues. Try www.naca.net or a commercial transactions atttorney who handles small business issues.
The company in question only pays its employees for 37.5 hours of work a week, yet forces them to work 45-50 hours a week, sometimes multiple jobs at once, and terminates them for bad performance if they refuse to "volunteer" these extra hours.
answered on Aug 16, 2016
If they are paid overtime it's not a wage hour violation. If only paid for 37.5 it is a wage hour violation and you should consult an attorney who handles those cases.
purchasing a building Under section 8204 would a limited liability partner be responsible for the debts if the partnership sells a property that is underwater. Additionally, could the general partner be liability for malfeasnce, misfeasance or non-feasance for failure to provide any detailed... View More
answered on Aug 7, 2016
I assume it's not a minimal loan, so it's time to invest by getting a consultation with an attorney who handles partnership issues.
If you are in the Philadelphia area I can give you the name of some.
answered on Apr 1, 2016
Depends on who wants such a certificate. Why don't you ask them?
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.