Ask a Question

Get free answers to your Business Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Business Law Questions & Answers
2 Answers | Asked in Landlord - Tenant, Criminal Law, Real Estate Law and Business Law for Texas on
Q: We rented a space to someone on our storage facility. He began living in the space & we allowed it but now want him gone

We own the 15-acre facility & pay taxes every year. Due to his financial situation, we allowed him to stay & work in lieu of rent. Nothing in writing was ever done about this arrangement, all verbal. He's using his truck & camper shell to live in behind our office. Last Friday,... View More

John Michael Frick
John Michael Frick
answered on Jan 23, 2025

Because there is no agreement to pay rent, you must give him 30-days advance written notice to vacate for the reasons stated in your question. If he fails to surrender possession of the premises to you after 30 days, you must file an eviction suit in the justice of peace for the precinct where the... View More

View More Answers

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: My lawyer has been hospitalized. I need my corporate binder. Brother has the binder. Can he return it to me?

My lawyer has my company’s corporate binder in his house. He recently had an accident leaving him hospitalized for the past 6-7 weeks. He’s 79 years old and has been a family friend (and lawyer) for years. His brother (who I speak with regularly) has located the binder but wants to make sure... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2025

The person named as the "secretary" of the corporation has the legal obligation to maintain the official records formerly customarily kept in a corporate binder. If you are the corporate secretary and hired the lawyer to keep the binder, you have right to demand it regardless of whether... View More

2 Answers | Asked in Business Law, Construction Law, Contracts and Real Estate Law for Texas on
Q: We bought a mobile home on a 25 year contract, but it is not structurally what they told us it would be. Lawsuit?

Can a mobile home manufacturer sell me a house on false pretenses? The manufacturer told us on the phone with the sales person that all studs on the interior of the home would be on 6” centers. That’s not the case. There are 24” centers in the entire inside of the double wide mobile home.... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

Your rights will depend heavily on your sales contract, warranty, and other written documentation. It would be extremely unusual to be able to enforce a verbal conversation with a sales representative that substantially varies from the contents of those documents.

That being said, most...
View More

View More Answers

2 Answers | Asked in Business Law and Civil Litigation for Texas on
Q: Is it possible to find out all previous lawsuits/cases filed against a company?
John Michael Frick
John Michael Frick
answered on Dec 28, 2024

Theoretically, you can search the court records of every court in the United States (with certain exceptions like the FISA court).

All federal civil cases are online in the PACER system. Many (but not all) state court civil cases are available online, many for free. For those not...
View More

View More Answers

1 Answer | Asked in Business Law and Consumer Law for Texas on
Q: Do I have to get a new loan if the finance company mistakenly closed my original loan as satisfied ?

I financed a vehicle and then received a letter from the finance company saying the loan was satisfied. The dealer has requested that I start a new loan. I’m not sure if I can negotiate a better deal since they made the mistake.

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

My gut is telling me that there is more to this than meets the eye. If your loan was satisfied--meaning you repaid the loan with interest according to its terms--you do not have to get a new loan unless you need to borrow additional money to finance a vehicle.

If the letter was sent by...
View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Texas on
Q: Can I use an LLC I started for photography to publish a book that's not about photography?

Are there any legal or tax implications I should be aware of if I use my existing photography-focused LLC to publish a non-photography related book, and do I need to update my LLC’s operating agreement or business filings to reflect this new activity?

Jeff Trevillion Jr.
PREMIUM
Jeff Trevillion Jr.
answered on Dec 23, 2024

Generally, a limited liability company (LLC) or other business entities may conduct any lawful business, unless the type of business operations were restricted at the time of formation with the secretary of state. Normally, broad and generalized language is used when forming a business entity... View More

1 Answer | Asked in Business Formation, Business Law, Gov & Administrative Law and Municipal Law for Texas on
Q: How do you remove an alderman from the board,

We have among the alderman who never shows up for a meetings, and we have an additional alderman who has been arrested on federal drug charges however he is not yet been sworn in and at this point we do not have a core I would appreciate any advice that you can give me

John Michael Frick
John Michael Frick
answered on Dec 16, 2024

It depends on what type of municipality is involved. Some home-rule municipalities have provisions in their charter for recall of aldermen. In a general-rule municipality, a residence would have to petition the district court for removal on one of the statutory grounds set forth in the Texas... View More

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Texas on
Q: Write a subpoena to produce documents. Store location is in a Texas County but corporate headquarters in another state.

* Subpoena Local Store Operating in Texas for Documents; However, Corporate Headquarters is in Another State

I need to subpeona a store to produce documents in a proceeding in Texas. The local store is operating in Dallas County, Texas; However, the corporate headquarters is located in... View More

John Michael Frick
John Michael Frick
answered on Dec 3, 2024

If a corporation is operating a store in Texas, it is required to obtain a certificate of authority from the Texas Secretary of State and to have and maintain a registered agent for service of process in Texas. If it fails to do so, then the Texas Secretary of State is an agent for service of... View More

2 Answers | Asked in Business Law for Texas on
Q: How long can it be since an act that we can still file a lawsuit against a bank?

Years ago our bank took money from our account to pay a Dish Network service that we never signed up for.

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

To the extent that the bank actions breached its account agreement with you, four years. If the bank's act was not a breach of contract. most likely a two-year statute of limitations applies. There are certain legal doctrines which can delay or toll the running of a statute of limitations... View More

View More Answers

1 Answer | Asked in Contracts and Business Law for Texas on
Q: Provided call center services for 24+ months; client now refuses to pay invoices. Can we take legal action to recover $?

Provided call center services to client for 24 months. Now they refuses to pay three invoices totaling $19,181.83. Per our contract, a $200 weekly late fee per invoice has accrued, bringing the current amount owed to $41,581.83. Client also failed to honor a three-month cancellation notice, costing... View More

John Michael Frick
John Michael Frick
answered on Nov 13, 2024

First, seeing a contract alone does not necessarily mean that the other party agreed to its terms. If I receive and read your contract, I will be aware of its terms, but that does not mean that I agreed to them. The lack of a signature indicating assent to the terms is going to be a problem. It... View More

1 Answer | Asked in Business Law for Texas on
Q: We have registered a S Corp. but haven't signed byLaws , form 2553, and Certificate of Secretary. Our we a legit company

We are a start up and have registered a S Corp. but haven't signed byLaws, form 2553, and also our Secretary hasn't signed the Certificate of Secretary. However, we have the IRS EIN#. Now we got to a point that we want ask our CEO who is also one of the co-fonder(20%share) to leave the... View More

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

Your question is ambiguous. The filing of Form 2553 is what registers a corporation as an S corporation. Until Form 2553 is filed, the entity is a C corporation. There is a time limit to file the Form 2553 to elect to be an S corporation.

The Board usually can elect another CEO....
View More

1 Answer | Asked in Business Law and Collections for Texas on
Q: I'm being sued by Discover credit card after going through debt consolidation. do I need lawyer ?

Is debt consolidation legal? I have never missed a payment to debt consolidation. I have multiple sclerosis and am so sick most of the time, Im frustrated and scared to death . any helpful information on what to do would be so very appreciated. I didnt know debt consolidation could land me in this... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 7, 2024

The debt consolidation companies are not always clear on what they can or cannot due. The creditor must agree to the payment plan or the compromised payment. Without it they can sue. Find defenses to the defense and negotiate a settlement. If you still have many other debts, bankruptcy might be... View More

2 Answers | Asked in Tax Law and Business Law for Texas on
Q: If I transfer ownership of a business to my father, what are my options and responsibilities given there's back taxes?

My father runs a cleaning (franchise) business that is under my name, but I am not actively involved and I do not receive proceeds. It opened in late 2017 and didn't see any revenue until 2018 when it first acquired contracts. I'm looking to transfer ownership to my father for the... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You can transfer 100% of your interest in the business to your father. You will be legally responsible for all taxes incurred by the business prior to the effective date of your transfer of your ownership interest.

View More Answers

1 Answer | Asked in Contracts, Business Law and Employment Law for Texas on
Q: How can I recover unpaid commissions?

Facing closure, my former employer and I agreed on a commission-only role to keep me on board. I successfully brought in several clients, including their largest ever, a multi-million dollar deal. After receiving a partial commission for this deal, communication and transparency around client work... View More

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2024

A Texas attorney could advise best, but your question remains open for two weeks. One option is to review your matter with a Texas attorney. The first thing they'll ask, which is not mentioned in your post, is whether you had a written agreement as to your commissions. That would be valuable.... View More

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.

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.