Business Legal Questions

Any time someone tells me they are considering embarking on a new business which involves mobility or work to be performed at a location other than a fixed place of business I cannot help but mention the potential liability if an unfortunate accident were to occur.  Did you know that if you use your personal vehicle for business your personal auto liability insurance may exclude coverage for an accident?  If your insurance denies a claim because of that you could be personally liable for any damages.  So, number one issue is to organize your business properly so that you protect yourself by having proper insurance plus being a corporation or limited liability company helps protect your personal property from loss in a lawsuit.  It may seem far-fetched but I can tell horror stories of people who've lost their car, furnitutre, homes and more vecause of being too unprepared to run a businessthe right way from a legal perspective. ... Read More

Hi Bryce, Even though you have a verbal contract, it can still be enforceable in court as an implied contract because you rendered a service and your customer benefited from it. It's always best to have a written contract because it can provide provisions for non-payment and you can add a provision for attorney's fees in case you have to go to court to be paid. You need a Terms and Services Agreement for your business because it protects your business from a lot of things, other than just non-payment for your services. I draft these types of agreements. As for collecting payment, depending on the amount owed, you will have to sue your customer in court in either small claims court or circuit civil court. My firm does not do any type of litigation. I recommend you find a local attorney for that.... Read More

Since no one is coming out to clean for you, Homeglow is in breach of contract. You can write them and explain they cannot charge you for something they cannot deliver or you can hire a lawyer to advocate on your behalf. You may want to discuss your situation with a lawyer.  Many lawyers offer a free phone consultation.... Read More

Your LLC should have an Operating Agreement which would express how and why a Member of the LLC can be removed. If you don't have an Operating Agreement, look to the LLC laws of Florida which will explain the issues and how to proceed. You will want to discuss your issues with an attorney.  Many attorneys offer a free initial consultation.... Read More

It really just depends on what type of entity you would like your business to be. The types are as follows: Sole Proprietorship, Partnership, Corporation, S Corporation, and Limited Liability Company (LLC). There are different forms for different entities. You can find out more information by visiting the Tennessee Secretary of State's website.... Read More

One cannot form an S-Corp.  The process requires that you first create and file the Articles of Organization of a C-Corp, then file IRS Form 2553 with the IRS seeking approval to be taxed as an S-Corp.  Once the IRS sends you a letter of approval, you may then enjoy the pass-through taxation benefits of an S-Corp and avoid the double taxation of a C-Corp.... Read More

In PA, there is no requirement to register a fictitious name, per se.  Rather, failure to do so may prevent you from filing a lawsuit under that name.  Other than that, you are free to use any name you wish with the understanding that you are personally liable for all debts and the business as it is a sole proprietorship.  The alternative is forming a corporate entity.. I trust this answers your question, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

A US citizen can sponsor a foreign national for a fiancée visa provided that the two have met within two years of filing the case. Once she arrives, you must marry within 90 days and then she can file for adjustment of status to get her green card. You should retain counsel to handle all steps from start to finish. Some of us handle these cases on a flat fee basis with no hidden costs. Counsel in any state can represent you.... Read More

If you do not have employment during the last five years then you would write None. If you do not have sufficient income to sponsor mom, then you will have to engage the support of a joint financial sponsor. This could be anybody that is a US citizen or green card holder that lives in the United States and meets the minimum income threshold.         ... Read More

Thank you for your inquiry, but I strongly recommend that you engage a business law attorney ASAP to specifically advise you regarding these answers as this forum does not lend itself to a quick answer for this very complex questions.    I trust this answers your questions, but you are welcome to call or email me on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

This is possible, but it's a long drawn out process where the department of labor and the US CIS has to get involved and it has to be done in a two-stage process. He would need to get permission from the department of labor that there are no qualified workers in the United States that could fill the position. Once that is obtained he could change status. He Should retain counsel to process the case from start to finish.    ... Read More

You need a lawyer to mediate a solution, and possibly a litigator to sue them, if the losses are great enough. They had a contract with you, unless the terms of the commission clause state that they can change quotas from time to time, this is the modification of a term in contract, and that is like a new contract, it needs offer, acceptance, and consideration. They modified the contract without your signing it, and no modification.  You have a possible action, but unless the amount of commission they would have paid you is much higher than what they did pay you, you don't have reason enough to sue. It's not worth suing for a few thousand dollars, in other words. Did you know that people switching companies right now are getting on average 5% more income per year after changing? If you don't have enough money lost, and regardless, I would start looking for a new job/career now.... Read More

If you are starting your own private practice in law you have different options, from a business law perspective, you may elect a sole proprietorship without any further filing. However, for purposes of limited liability, you may elect to organize your practice as an LLC, a PC, or an LLP. You have different options. For more information you can look here: https://gamlawoffice.com/business-formation-service/... Read More

Depending on the terms of your contract, the person suing may lack standing to sue. If you are doing business as a corporation, you will have to hire counsel to defend in court. The Michigan Court rules require corporations to be represented by counsel. We are happy to be of assistance.    ... Read More

Do you have a writing (contract, text or email) form the builder saying they would include appliances? If yes, you have a case and I or any other attorney might be interested. Also, is the issue availability of appliances (this is a huge covid issue?) or just welching on the promise? Best of luck to you.... Read More

Generally, there is no requirement that you incorporate.  However, it is generally advisable for several reasons.  The first reason is to insulate yourself from liability.  While I appreciate that a counselor, like a lawyer, can still be personally liable for negligence, etc, an LLC will generally insulate you from liability for trade debt.  Also, I find that it is cleaner as a corp, and an LLC is merely a form of corp, will require a separate business bank account and tax return.  However, if you are a solely owned LLC, the IRS requires that you file a Schedulke C on your 1040.  I regret if this sounds a little too much inside baseball, but suffice to state that, if you are considering incorporating, you should speak to an attorney about your options. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More