Indiana Business Legal Questions

To get the answer to this question, you'll need to look at the account agreement that you signed when opening the account. In the absence of an express term regarding this matter, the bank might be privileged to pay (and hold you liable for) a recurring debit that was authorized by you during the time the account was in "open" status.... Read More

As a general matter, you have no duty to sign such documents. However, you should consider that it may prejudice your client if you decline to sign. If this is a client with whom we might wish to do business again, wouldn't the good-customer-service response be to go back to the client, say you wish to cooperate, but will need to be represented by counsel at their expense in order to do so?... Read More

Go to martindale.com and search for tribal law attorneys in your jurisdiction. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

It is technically possible to roll over your 401(k) account to an individual retirement account that invests in "non-traditional" assets. These investments must be made for the benefit of the IRA and not for your personal benefit. You will need a competent attorney to assist you in any such transaction.... Read More

Your wife's intellectual property agreement doesn't bind you. If you invent something, document that the invention is yours alone, preferably by showing that you had the idea prior to the commencement of your wife's employment. There are lots of ways of documenting the timing of an invention, but lab notebooks -- dated and signed -- are a frequent and cheap and generally accepted tool.... Read More

The best answer is "possibly." At common law, a person is liable for the "necessaries" of of his spouse, although this principle is rarely applied these days. As a practical matter, you will likely have success in resisting the claims of your late husband's medical creditors. When and if such claims are asserted against you, you should consult an attorney.... Read More

The answer is "it depends." You really need to be represented by your own attorney. It is not possible to tell, from the facts you have put forth, whether there was a binding oral agreement to sell the business (with the written contract intended merely to memorialize that agreement), or whether having a signed writing was a condition to having any agreement at all. This makes a huge difference. See an attorney.... Read More

As a general matter, you have no duty to employ anyone. Employers may hire and fire at will, unless a specific law prohibits the form of employment action the employer wishes to engage in. The result in your case may depend on facts that you have not enumerated, such as the number of employees in your business and whether the employee in question elected a certain kind of leave. State employment law, which varies by state, may also affect the outcome. You should consult with a "management-side" employment-law attorney where your business is located.... Read More

In an era of enhanced scrutiny for fraud, many banks are very carefully looking at accounts for evidence of misuse. Accounts which have been dormant and suddenly come back to life are particular candidates for fraud because of the possibility that the account owner is dead, disabled or simply not paying attention for any number of possible reasons. The funds in the account are still yours. You should visit the bank branch and get this cleared up. If you are dissatisfied with the quality of the resolution, you can close your account, withdraw all of the funds, and open a new account at another bank.... Read More

Yes. As a general matter, an employer may impose any terms and conditions of employment it wants. No law prohibits enforcement of a dress code as to some employees and non-enforcement as to others, provided that the basis of discrimination isn't a prohibited one (such as race, religion, national origin, etc.).... Read More

Sales of goods, including used cars, are governed by Article 2 of the Uniform Commercial Code, which all states have adopted. As a general matter, when a buyer defaults, the seller is entitled to recover his reasonable costs of resale, including any decline in value of the property. Once you have resold the car and determined the difference between (a) what you would have realized had this defaulting buyer performed its obligations, and (b) the actual proceeds of resale, including costs of resale, you can attempt a negotiation with the buyer over how to resolve this. So, to be clear, you are entitled to recover the difference between the original sale price and the resale proceeds, together with "incidental damages" you have sustained as a result of the breach. Any excess over that should be refunded to the defaulting buyer.... Read More