South Carolina Business Legal Questions

They will get a court order, called a "judgment," for the amount of money you owe. They will probably have added to their judgment some interest, court costs and attorneys' fees. The judgment will be a lien on your future income and assets -- that is, if you become employed, the landlord can require your employer to remit a portion of your future wages to the landlord until the debt is paid. You should strongly consider attempting to negotiate a resolution with your landlord that avoids legal proceedings. They don't want to incur the legal fees, and you don't want to be responsible for them. Work out a payment plan.... Read More

Your question doesn't make any sense. Contracts aren't "endorsed." If you wish to have a valid buy-sell agreement with respect to your business, you need to consult with an attorney who can properly advise you and then draft agreements which, when properly executed, will carry out your objectives. Part of the role of an attorney is to supervise the execution of the agreements to make sure they have been adopted by the parties with the requisite formality in order to be enforceable.... Read More

Nothing. You can write the letter yourself. If you have the right to cancel, then you simply need to provide notice that you elect to cancel. No particular form should be required. Read your documents and send the notice to the proper address. Send it by certified mail, return receipt requested.... Read More

Political discourse often is uncomfortable. But the discomfort is the price of a free society. If your co-worker is making comments that you feel are inane or insane, walk away from her.  This isn't a "hostile work environment that the law will make "nice.". The founding fathers no doubt were viewed by many ( even most) of their neighbors as making discomforting statements about THEIR government, the British Crown.  They fought for your right to make similarly disquieting remarks .  It's a free country, not a comfortable one.   Michael Caldwell 404-979-3150... Read More

Your question is not really clear, and it appears that you are confusing the "Interstate Commerce Act" (which applies principally to transportation) with the issue of whether you are in fact engaged in "interstate commerce" so as to be subject to the provisions of the federal Fair Labor Standards Act. As a general matter, if you are, as you claim, "exempt" from the FLSA (which might be the case if your sales were very low), your employees will not be subject to the FLSA, regardless of where they work.The fact that your employee works in another state with your knowledge and consent is fairly powerful evidence that you are engaged in interstate commerce, by the way. Depending on his rate of compensation, he may be an "exempt" employee for FLSA purposes. Finally, it is worthy of note that nearly every state -- although not South Carolina -- has its own wage-and-hour laws, which, depending on where your technician works, may apply. The bottom line is that you should consult with your own attorney regarding this matter.      ... Read More

There can be advantages to both approaches. One consideration is that if the business -- which I presume to be incorporated -- fails, "property" (presumed to be real estate) owned by the stockholders of the business will not be subject to the claims of creditors of the business. You should consult a local business lawyer about your choices and options.... Read More

It is not clear exactly what the nature of your question is. As a general matter, a lender -- including a seller who finances sales and then sells the loans to a bank or finance company -- can charge a higher finance charge to borrowers who are less creditworthy. These fees must be fully disclosed to the borrower.... Read More

Your question boils down to whether you can appropriate the trade name of another business without the owners' consent under circumstances where the name is about to be abandoned. The answer is "maybe" and involves complex questions of intellectual property law, as well as possible issues of creditors' rights. It is important to remember that, even if the name is not s you say, "registered," someone owns it, and common-law trademark rights will apply to it. If the name has commercial value, the owners of the business, not you, are entitled to capitalize on that value. Accordingly, you should consult with an attorney regarding the speciifc facts of this question. ... Read More

If I understand your question correctly, you believe that your landlord inappropriately charged you for carpet in your apartment that was undamaged during your tenancy. As to whether you should "just pay," it is impossible to suggest an answer without knowing what portion of the proposed charge relates to the rooms where the carpet was undamaged. How many dollars do the undamaged rooms account for?... Read More

Yes you can be fired for not taking a break unless you have a contract that provides otherwise. The employer as the right to set the rules under which you will work. The employer may have imposed the mandatory break policy for budgetary reasons or for safety-related reasons. In either case the "Golden Rule" applies ("He who has the gold makes the rules.")  If you work through a break, the employer is required to pay you for all the time that you worked. If you have an individual employment contract, or are covered under a collective bargaining agreement, the terms of that contract will determine whether the employer can fire you for working through a break. Michael Caldwell 404-979-3150... Read More

The answer is "probably not." As a general matter, general partners in an unincorporated business have equal rights to management, regardless of the amount of capital contributed. This rule can be varied by agreement of the parties, generally in writing -- but I understand your question to imply that there is no such agreement. If partners disagree, the legal system generally has only one remedy for it: forced dissolution of the partnership.... Read More

As a general matter, an employee has no right to be free of harsh or critical statements by an employer. Unless the "abuse" involves statements indicative of discrimination against you because of your membership in a protected class (such as race, religion, national origin, etc.), the law does not protect you.... Read More

Generally speaking, oral promises of future employment without a specific "duration" term (i.e., that your employment in that position will be guaranteed for a period of x years) are not enforceable. This is so because employment is deemed to be "at will." A result of the "at will" doctrine is that your employer can change the terms of its offer at any time for any reason or no reason at all. It sounds to me as if, in any event, the "next position" available at your employer is not one you are able to perform. This, too, would be a defense for the employer. When in doubt, consult an employment-law attorney. I am not admitted to the SC bar, and this response should be considered general information.... Read More

If the person who owes you money signed a promissory note, you can enforce the promissory note by suing the person in court if the terms of the note were not followed and if the note was legally signed.  If there is no promissory note and you loaned the person the money within the time period in your state for enforcing oral contracts, then you can sue the person for the debt and attempt to collect the debt through the courts.  If the state or city where you live has a small claims court, you may be able to file a claim against the person in small claims court and the person will have to appear and answer your claim, and if the person does not appear, you will be awarded a judgment.  Then you will have to try to collect the judgment through legal means. There are many factors that can affect whether a debt can be collected, such as whether the money was a loan or a gift, whether there was a writing signed by the debtor acknowledging the debt, whether the debtor was competent to agree to the debt, how long the debt has been outstanding, and other factors. I am not licensed to practice law in the State of South Carolina, so this answer is intended to give you general legal information and is not intended to be legal advice.  You should contact an attorney in your state who is familiar with collection matters to obtain legal advice for your situation.... Read More