F. Paul Maloof's answer The first step is to file a Warrant in Debt in Virginia. The defendants may have a defense of the statute of limitations f 3 years for oral contracts in Virginia. Once you have a judge award you a judgment, then you will need to collect it through the court procedures.
Timothy R Johnson's answer Depends on whether he's at least paying you minimum wage ($7.25). If not, then he can get in some big trouble for that scheme, and you may want to consult an employment law attorney. Employment law attorneys don't typically charge consultation fees, and in some cases, may take some cases on a contingency basis so your only risk is lost time.
If anything, the bigger issue is working out possible areas of liability such as if someone is injured while hiking or while engaged in any of the survivalist activities. You would probably want to create a liability waiver for all participants to be aware of the risks associated with the activity; requirements to follow all of your instructions including not wander off; and explain any critical...
Timothy R Johnson's answer The easiest way is to refer to any purchase agreement for the business and see whether there are any terms that can be used for establishing your continuing right to monitor the business's financial health as it relates to the SBA loans. But if the purchase was done via a handshake agreement and cash, it makes things a little tougher.
The next legal document that might confer express rights upon you is the SBA loan itself. If you signed as the guarantor, and your partner did as well an...
Timothy R Johnson's answer I don't see anything particularly concerning about this business model. It's just an updated arcade that serves food. As long as you obtain all proper business permits including health permits, and establish appropriate privacy and internet security safeguards, there shouldn't be anything uniquely difficult to deal with related to legal compliance.
The only other issue could be licensing problems if you offer video games that typically expect one user per product.
Timothy R Johnson's answer You may have claims against her for misappropriation of your likeness for commercial purposes. If you want her to stop her conduct immediately and have the pictures removed, you may want to consult an attorney to send her a letter informing her of her privacy infringements and warning that further action will result in her being taken to court.
Timothy R Johnson's answer At face value, it sounds like you might have some valid claims. But the only way to find out with some real certainty and fully assess your legal options is to consult a business/commercial litigation attorney. Attorneys need to review all the pertinent documents, correspondences, marketing materials, and your own version of events to assess the strength of your case and what issues might be involved. I strongly encourage you to contact a local business/commercial attorney.
Timothy R Johnson's answer The articles of organization and the operating agreement cannot limit the use of the power of attorney for members. If there is no prohibition on a non-member being given the POA to act on behalf of a member's part, it is most likely permissible.
(Va. Code § 13.1-1022. Management of limited liability company. . . . D. Unless otherwise provided in the articles of organization or an operating agreement, the members of a limited liability company have the power and authority to delegate...
Timothy R Johnson's answer In theory, sure a director could have alternate proxies based upon availability, but it should very clearly be established in any appointment forms regarding the circumstances when a proxy has the authority to operate on behalf of the principal. I have to stress that it should be VERY clear.
As for your second question, it's a matter of what happens in each vote. If everyone votes in agreement, then of course it's unanimous. If any valid proxy or principal votes against, then it's not...
Timothy R Johnson's answer The first thing to check is the entity's articles of incorporation and by-laws to see what, if any, restrictions are placed on proxies. Generally, those rules will control the issue.
If there is nothing limiting the use of proxies, then Virginia's Non-stock Corporation Act rules on proxies applies.
A BOD director can put a proxy in place via an appointment form or other statement making clear such appointment. Without an express time limitation on the appointment, the proxy is...
Richard Sternberg's answer Both parties have a right to counsel, and, if it doesn’t unduly delay a case, judges will liberally permit substitution of counsel in the interests of justice, even if that means a brief delay.
Timothy R Johnson's answer If your question is whether it is legal for a donor non-profit organization to donate any potential "profits" (funds received to be used for the organization's primary service objectives) to donee non-profit organizations, instead of the donor non-profit organization performing activities for their mission, then yes. There are no IRS or other external legal restrictions from letting the non-profit basically funnel monies into other non-profits.
Timothy R Johnson's answer What's true is that you do require a registered agent. The registered agent can be just about anyone as long as they are designated by you to receive legal paperwork on your company's behalf. Many entity startup businesses (such as LegalZoom and a ton of "Create a S-Corp in 5 Minutes!" companies) provide registered agent services, and will send you notices of anything that they receive on your company's behalf.
You can also elect to be your company's registered agent as well (to save a...
Timothy R Johnson's answer It's not a clear-cut answer whether you can sue the company in Virginia because it can depend on what the company's contacts are with Virginia.
What is a safe bet that they can be sued in Florida since they are a Florida company, presumably engaging in business in Florida.
But to be sued in Virginia, they would need to show that they have some meaningful contacts with the state. Your consultancy work, if mostly related to business activities elsewhere other than Virginia, will...
Wayne E. Holcomb's answer About the only way to do that is to have a lawyer write up a Post-Nuptial Agreement for you that you and your wife both endorse. It is a lot like a Pre-Nupt, but after the marriage. If you were to use separate money, and keep it all separate, including the work, that might also work for your purpose, but then if there was a challenge during a divorce, you'd have to work to prove all that. The Post-Nupt would be the best path in my opinion.
Richard Sternberg's answer First, you need a lawyer to review the contract. Many contracts in Fairfax provide that the damages for a breach by buyer is limited to the earnest money deposit. Not all contracts are the same, and all can be modified, but if you signed that clause, it is enforceable. Many lawyers provide discounted initial consults to help guide you.
F. Paul Maloof's answer If you have a written lease with the parents, your rights are contained in the written rental agreement. If you are a guest only, the owner of the Premises has the right to demand you leave.
Robert R Weed's answer You have the right under Virginia Law, code of Virginian 34-4, to get back form a garnishment $5000 plus $500 for each dependent. But they will just turn around and garnish you again.
The only judge who cares whether you can take care of yourself and your children is the bankrutpcy judge. The bankrutpcy judge cares about that full time. So it seems to me you need to talk to a bankruptcy lawyer.
F. Paul Maloof's answer You have a right to sue the finance company for breach of your contract and violating your rights. You can also call the office of the Attorney General for Virginia and file a complaint.
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