What type of organization is the best idea for this business?

December 17, 2010 by admin · 1 Comment
Filed under: Law & Ethics 
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Emir Bektic asked:


Me and 2 of my friends have discussed plans to open a restaurant intended to attract college age students. We agreed that each of us will invest equally in terms of time and money, but an additional $50,000 will be needed from another investor to get the restaurant started.

What type of organization is best suited for this business? Limited Liability Partnership would probably be best…what do you think and why?

What liabilities would me and my co-owners face directly as principles with respect to our employee agents?

What do you think?

How can I collect money owed after person I sued defaulted or never replied to civil law suit?

November 9, 2010 by admin · 3 Comments
Filed under: Law & Ethics 
business suit
floss asked:


I sold a car to a dealership since I thought I knew the person running the business. the car was sold for 8000 dollars and the person gave me a blank check from the business. I filed a civil lawsuit against the person and the business. the person did not reply to the lawsuit against him and the business. in other words has defaulted which makes me the winner of the case. what steps can I now take to collect money owed. how can I go after his assets? please I need some serious help here no jokers. thank you in advance.

Are small business owners of Sub S corporations REALLY protected from suit in any way?

October 11, 2010 by admin · 1 Comment
Filed under: Law & Ethics 
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Billabong asked:

More questions on my ongoing saga with the corrupt Phone Company yellow pages.

My company , a sub S corporation, is being sued by them. I’ve talked (paid for consult) with two attorneys and still can’t get a straight answer. They seem to feel that my personal assets are safe, but I didn’t get the strongest feel from them on it. I also don’t get a straight answer on the web. What I simply want to know is simply in the worst case if a judgement is ever levied against my company – can the plaintiff in ANY way get access to my personal bank accounts? I always get complicated and non-definite answers on this, but I thought I’d try again anyway. Please don’t quote back stuff about comingling assets, etc. I don’t really know what I’ve done in this regard as my company is basically just me! Of course, I don’t have corp meetings, etc. with myself. So, if you know about this thanks for your help.
Rick,

That’s the same answer I always get on the web.. but it’s really useless if you look at it practically. This is a SMALL business.

A) They are suing my company , not me – so how/why does my personal asset “come up” anyway?

B) How/why would I prove or not prove that I comingled assets? One attorney I talked to said this was bunk because there is no way the court can peer into my bank accounts and somehow deduce I’ve “comingled” whatever that exactly means anyway.

In short, what you say makes sense in the context of a LARGE C-class corporation. However, it is terribly confusing for a small one like mine. Yes, I’ve paid my corp state dues every year and I was incorp’d when I first signed on with the yellow pages. I presume this is why they are in fact currently filing only against my company and not me … However I think my paranoia will never end as I’m just trying to protect my last life savings – which would be wiped out if they got their hands on it :(
rick: not sure if you’ll get this reply. I did NOT sign a personal guarantee. This much I know. I believe it’s not really possible for the big YP to do this anyway considering the nature of their customers doing business.

Of course, I have several bank accounts tied to my corp ein. However, the whole bit about buying something “personal” out of those acc
out of those accounts. Technically, yes I’ve done that many times. Small items. It’s really unavoidable in a very small biz like this. Now, I keep the monthlies like mortgage and health insurance coming out of another personal checking. However the money generally gets transferred between accts. I still wonder how a creditor would be able to invade my accounts and “expose” such details anyway. The money I have in the savings I am worried about was made partly from this business and other jobs I held personally years ago.

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Can I change the days on which an employee works to suit the needs of the business?

August 31, 2010 by admin · 6 Comments
Filed under: Law & Ethics 
business suit
Mr Miyagi asked:

We recently took over a business where none of the employees had any contracts. We issued new contracts which does say from time to time peoples hours will change to suit the business and they will be required to be flexible. We took all staff on and retained the rota’d hours.

After a period of time we assessed the job roles, when and where people were working, trading patterns and due to financial constraints where we can become more efficient.

I have tried to discuss with 1 person (cleaner) the need to change their hours from a midweek morning to a sunday morning but with only negative response. After trying to discuss this a few times and getting no joy I informed the individual that due to the needs of the business we would probably not be needing them in on tuesday morning as trade doesn’t justify the need but would require them in on a sunday. I did not discuss timescales but it would not have been immediately probably a few weeks notice which I would have discussed.

This individual said they would not work a sunday (and not for religious reasons but hasn’t given one) and has since handed their notice in saying they just not working sundays full stop!.

I have explained to them we don’t want them to leave but need to change things to suit the business. The business is a pub/restaurant with no cleaners in on a sunday morning following the busiest trading day. On the flip side there is no need for a cleaner in on a tuesday.

We have altered other peoples hours with no problems.

Am I being fair and reasonable as worried this person could claim constructive dismissal?

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Does breach or warranty case also included unfair and deceptive business practice ?

July 23, 2010 by admin · 2 Comments
Filed under: Law & Ethics 
business suit
a asked:

Curious if sued for breach of warrenty, and there was unfair and deceptive business practice also discovered such as falseification of document does this fall under breach of warrenty or must the suit be amended?

Thank you

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How to file a wrongful business suit?

July 21, 2010 by admin · 1 Comment
Filed under: Law & Ethics 
business suit
confused asked:

I recently had my computer repaired in a small computer repair store, and had to have a new motherboard put in, well shorty after i noticed that the usb ports didnt work, and found out that to fix the problem I had to replace the motherboard. While dell was looking at the computer they said that that motherboard had been registered to a previous owner, and it was a dell latitude motherboard, and I have a dell inspiron laptop. And those two computers are almost identical and the parts are interchangable, so i figure he had a spare motherboard laying around and wanted to make a little extra money, so he just put a used motherboard in my computer, and charged me for a brand new one. I am going to contact him, and demand my money back or threaten to sue, and I was wanting more information on how I would sue if it comes to that.

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How would I get ALL BUSINESS information about hospital?

June 6, 2010 by admin · 1 Comment
Filed under: Law & Ethics 
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mybusiness2 asked:

I need to know all the expenses, all the money coming in. And even how and when they paid (if they did pay so already), the settlement suit won by US government against them.

Are there different routes to go about it if the hospital is PRIVATE or publicly funded?

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business law, estate suit?

June 6, 2010 by admin · 2 Comments
Filed under: Law & Ethics 
business suit
darkprisonangel asked:

Several weeks after a depositor’s death, Chase Manhattan Bank paid 12 checks on the deceased depositor’s account. The depositor’s signature on the checks had been forged. The estate sued Chase, and Chase sued the estate’s attorneys.

The estate’s attorneys advised Chase of the depositor’s death. Three weeks before Chase paid any of the forged checks, the attorney’s gave Chase a copy of the death certificate and a court order to examine his deposit box.

Of the parties mentioned, is anyone liable?

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If I quit with understanding from the owner of business. Is the manager allowed to lie about my leaving?

June 5, 2010 by admin · 4 Comments
Filed under: Law & Ethics 
business suit
~ D ~ asked:

I had recently quit a job. Now as I am trying to get new employment, my old manager is extremely lying on reasons why I left to ruin my chances of employment. I do have documentation from one prospective employer. Can I press charges and/or file a civil suit against her for slander/defimation of character and if so what else? Please help. I have been unemployed for over 2 months due to this action.
Like I said , I do have documentation as to the lies she is telling about me, and YES I was an outstanding employee. The owners of the business have nothing bad to say about me. SHE is my only reason for leaving

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Where do I file a civil suit for a person in NY state ?

May 31, 2010 by admin · 1 Comment
Filed under: Law & Ethics 
business suit
I C asked:

How do you determine if plaintiff and defendants are living in 2 different states such as NJ and NY ?

I am in NJ and the potential defendants are living in outside of New York City.
2 different cases.
1) I have paid off the loan and asked for the paid off statment without getting any written response. Should I file in a county small claims court in what state ?

2) I have a business contract to be paid more than 100K. Not getting a good response either. Should I file in a county supreme court in what state ?

Please advice…
Thanks.

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