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Texas Business Law Questions & Answers
3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Texas on
Q: How do I deposit a refund check from insurance company for a LTD that has been dissolved.

I had a LTD business that is now dissolved. Since its dissolution I received a refund from an insurance company for overpayment of services. I have tried everything to deposit this check. The insurance company will not reissue it and I cannot sign it over to a third party. I am wondering if I can... View More

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

Endorse the check on behalf of the company over to yourself as an individual and deposit it in your individual account.

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2 Answers | Asked in International Law, Mergers & Acquisitions and Business Law for Texas on
Q: We sold our company in Sept 2023 to two Mexico investors, need help come 9/20/24 when sellers note is due can you help?

Seller's note is contingent upon gross revenue of $2.85 million and paid out monthly for 4 years each year 120K The gross revenue will not be attained due to new buyers non performance. New owner is not a citizen of the US and is a 26 yr old son of one of the investors and has no interest in... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

You should contact an attorney experienced in the area of practice called business litigation in or near the county specified in the forum selection clause in the sale agreement, or in the county where the new owner resides if he is the promisor on the note, or in the county where the... View More

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2 Answers | Asked in International Law, Mergers & Acquisitions and Business Law for Texas on
Q: We sold our company in Sept 2023 to two Mexico investors, need help come 9/20/24 when sellers note is due can you help?

Seller's note is contingent upon gross revenue of $2.85 million and paid out monthly for 4 years each year 120K The gross revenue will not be attained due to new buyers non performance. New owner is not a citizen of the US and is a 26 yr old son of one of the investors and has no interest in... View More

James L. Arrasmith
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answered on Jun 19, 2024

I understand your concerns about the upcoming meeting on September 20, 2024, regarding the seller's note payment. It seems that the new owners have not been performing as expected, which may result in a lower payout than initially agreed upon. Given the complexity of the situation, involving... View More

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1 Answer | Asked in Constitutional Law, Business Law and Gov & Administrative Law for Texas on
Q: If an individual is Iranian citizen, but also American permanent resident simultaneously,

who owns a business in the US, and is looking to bid on a contract that is not in connection with critical infrastructure, does the government code section 2274.0102 still apply?

Thank you

James L. Arrasmith
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answered on Jun 15, 2024

Government Code section 2274.0102 focuses on restricting contracts with certain foreign-owned entities, particularly when it comes to critical infrastructure. Since the contract in question is not connected with critical infrastructure, this specific section might not apply directly.... View More

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to sue regency bank. I’m in Tx, ex business partner is in Oldsmore,FL.

My business partner and i created a bank account. He set it up in Fl and signed for me to be on bank account. We are both owners splitting 50/50 % ownership.

I transfer 80k into business account. Which is everything to my name at the moment.

I thought both owners had to be on... View More

John Michael Frick
John Michael Frick
answered on Jun 11, 2024

Without reviewing the account application, company agreement, and company banking authorization, it is impossible to say based on your description if the bank was negligent. Importantly, as an owner of the company, it was clearly your duty to make sure the account application, company agreement,... View More

2 Answers | Asked in Business Law for Texas on
Q: The customer we are not sure drink in the restaurant or no ?because we don’t have his card information

The customer we are not sure drink in the restaurant or no?because we don’t have his card information,we have insurance,but we don’t have liquor insurance,right now the plaintiff sue to our restaurant. So what can we do ?

John Michael Frick
John Michael Frick
answered on May 30, 2024

If your business has been sued and you do not have insurance coverage, you should hire a civil trial attorney with experience in dram shop cases to represent your business immediately. Normally, you have roughly three weeks from the date that your business was sued to file a written answer to the... View More

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3 Answers | Asked in Admiralty / Maritime, Contracts, Business Law and Social Security for Texas on
Q: What are the powers that an authorized agent has to act on an account for the principal?

Accepting and transferring balances to the principal account

John Michael Frick
John Michael Frick
answered on May 28, 2024

An authorized agent has whatever powers the principal has given to the agent acting on his/her/its behalf. An agent has a fiduciary duty to act honestly in accordance with the principal's instructions in good faith with utmost loyalty to the principal and to refrain from self-dealing.

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3 Answers | Asked in Admiralty / Maritime, Contracts, Business Law and Social Security for Texas on
Q: What are the powers that an authorized agent has to act on an account for the principal?

Accepting and transferring balances to the principal account

James L. Arrasmith
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answered on Jun 2, 2024

As an authorized agent on an account, you have the power to perform specific financial actions on behalf of the principal. These actions can include accepting and transferring balances to the principal's account. Essentially, you manage financial transactions that the principal has entrusted... View More

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2 Answers | Asked in Business Law for Texas on
Q: If we are not sure customer drink alcohol in restaurant after happen accident,what does restaurant can do
John Michael Frick
John Michael Frick
answered on May 28, 2024

This sounds to me like you are asking about a "dram shop" case where a patron of a business selling alcohol consumes too much and then has a collision while operating a motor vehicle under the influence of alcohol.

In a dram shop case, the business/bartender/licensee is liable...
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2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

James L. Arrasmith
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answered on May 1, 2024

If a company is using your unique name on their product, and it's causing significant problems for you, there are several steps you can take. First, consider reaching out to the company directly to express your concerns and the specific issues their use of your name is causing. A respectful... View More

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2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

Sean Goodwin
Sean Goodwin
answered on Apr 30, 2024

Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More

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1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for Texas on
Q: BCHAPTER III - CREDIT REPORTING AGENCIES Sec. 1681i - Procedure in case of disputed accuracy.. how to check

I might have a case for this but I wanna make sure...

Matthew McKenna
Matthew McKenna
answered on Apr 26, 2024

In order to get procedures from a credit reporting agency, you'll likely need to sue them and ask for the procedures in discovery. They will likely only hand them over under a protective order. I would contact a consumer protection attorney that is familiar with the Fair Credit Reporting Act.

1 Answer | Asked in Business Law, Contracts, Consumer Law and Small Claims for Texas on
Q: Where do I file a small claim against a corporation headquartered in Ohio but conducts business in Houston, Texas

The Company is Divisions Maintenance Group in Ohio but operates a handyman app that provides a job load board for technicians anywhere in the nation. As we perform maintenance jobs for businesses in our local region, the businesses pay Divisions Maintenance Group for our services, and we get paid... View More

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

In justice court, a suit on an oral or written contract for labor actually performed may be brought in the county and precinct where the labor was performed. TCPRC 15.092. So in the JP court for the precinct where the Sam's Warehouse where you performed the services is located.

2 Answers | Asked in Business Law, Civil Litigation, Copyright and Intellectual Property for Texas on
Q: How can I protect my domain name and website from creditors?
James L. Arrasmith
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answered on Apr 10, 2024

Attempting to hide or protect assets when facing debts or legal judgments could be considered fraudulent in many cases. The ethical and legal course of action is to pay valid debts that are owed.

If you are facing financial hardship, I would suggest speaking with a certified credit...
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1 Answer | Asked in Business Law for Texas on
Q: I closed my business this week and now members are asking for refunds on their accounts. The contracts state no refunds

What are my legal financial responsiblilities? This was a service based business

John Michael Frick
John Michael Frick
answered on Mar 27, 2024

As long as you provided all of the services you contracted to provide to your "members," you have no obligation to refund their payments if your contract expressly provides no refunds.

Where some service-based businesses get into trouble is when they contractually obligated the...
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1 Answer | Asked in Tax Law and Business Law for Texas on
Q: Do I have to charge sales tax for video editing services in Texas?

If I do a video edit for a client and they provide me all the footage do I need to charge them sales tax?

James L. Arrasmith
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answered on Mar 25, 2024

In Texas, not all services are subject to sales tax; however, there are specific services that do fall under taxable categories. While the state's general approach leans towards taxing tangible personal property, certain services, especially where tangible personal goods are not primarily... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: Hello, Is my sister entitled to all money from a failed joint business venture?

My sister started a business w/her sister but couple months later got upset because it became overwhelming for her, requested to be released from the business, &wants all her money bk.

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. It could depend on the terms of the business venture (agreements between the parties) and their conduct. This is a fact-intensive matter. There is no universal cookie-cutter answer. An attorney would need to see how... View More

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Texas on
Q: I just got served in a civil action lawsuit against a company I'm an independent contractor for, and have no ownership

The Civil Action Lawsuite is against Fresh Central Trading LLC., it names its President and Owner A.G., and also then names me. When I read the documents it states that I'm an owner and officer of the company and I'm just an independent contractor from Canada who is here on a TN Visa... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2024

If you are named as a party in the lawsuit, you have less than three weeks from when you were served to hire an attorney to file an answer on your behalf to the lawsuit. (In Texas state court, your answer must be filed no later than the first Monday following the expiration of twenty days from the... View More

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1 Answer | Asked in Business Law, Collections and Construction Law for Texas on
Q: Is a Texas City entity required to act as surety for sub-contractors on projects under $50,000 with no Bond in place?

City of Princeton, TX awarded a contract for $49,720 (no bond required) to their vendor. The vendor hired my company to do the whole wireless project for $45,500. We completed the project and provided all the hardware. The city paid the vendor, the vendor has refused to pay us. The city claims they... View More

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

No, a city is not required to act as surety for subcontractors. You have a valid cause of action for breach of contract against the person or entity you contracted with.

There are numerous things that could be in that subcontract to protect you from that person being paid by the City and...
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1 Answer | Asked in Contracts, Copyright, Business Law and Employment Law for Texas on
Q: Do I have legal rights to photos and videos taken while working at a company?

For two years I worked at a dog training company. During this time I took photos and videos of the dogs and training for my personal social media, the companies, and for owner updates. When a past employee left the company she was told she wasn’t allowed to keep the images posted to her social... View More

James L. Arrasmith
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answered on Mar 2, 2024

When you create content such as photos and videos while working for a company, the ownership of that content often depends on the terms of your employment and any agreements you might have signed. In the absence of a specific contract regarding media rights, the situation can become complex.... View More

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